JOHN LUKOSE Vs. DISTRICT REGISTRAR

JUDGEMENT

(1.) Sri. Y. John Lukose, aged 40 years, and resident of Kundara, Kollam is the first appellant and the averments in the Memorandum show that the second appellant (Darly Lukose, aged 37 years) residing along with him is his legally married wife. They had married each other under Christian Law on 11-10-1993. It is stated they are living together even since and have two children out of the wedlock.

(2.) Since the first appellant had obtained a job visa for overseas employment, and as he is required to reach Milan in Italy on or before 30-09-2006, he has booked an air ticket for 29-9-2006. He intends to take his wife in due course, but for the purpose of visa, according to him, it is necessary that a marriage certificate is to be obtained, as prescribed by the Special Marriage Act, 1954.

(3.) An application had been filed by him for the said purpose before the respondent -Registrar on 20-09-2006, a copy of which is produced as Ext. P3 in the writ petition. But, he had been informed that 30 days notice is a mandatory requirement, and after such notice the couple is expected to sign before the Registrar in the prescribed forms and then only it may be possible for a certificate to be issued. As there was no relaxation found possible at the level of the Registrar, and because of urgent needs, he had approached this Court by filing W.P.(C) No. 25062 of 2006.