AUGUSTINE KALATHIL MATHEW Vs. MARRIAGE OFFICER (SUB REGISTRAR),

JUDGEMENT

(1.) Ext.P5 communication issued by the respondent is under challenge in this writ petition.

(2.) The petitioner was married to one Dayana Cheeran Chakunny. Both of them were working in United Arab Emirates (UAE). The case of the petitioner is that he obtained divorce from his wife by mutual consent from the UAE Personal Status Court. Ext.P2 is the Memorandum of Understanding entered into by the petitioner with his divorced wife in this connection and Ext.P3 is the agreement entered into by them to subject themselves to the UAE personal status law No.28/2005 for claiming divorce in terms of Ext.P2 Memorandum of Understanding. Ext.P4 is the divorce certification granted by the UAE Personal Status Court to the petitioner. On the strength of Ext.P4 divorce certification, the petitioner gave notice to the Marriage Officer in India under the Special Marriage Act, 1954 to marry another lady. In response to the said notice, the petitioner was informed by the Marriage Officer that Ext.P4 divorce certification can be acted upon for solemnizing the proposed marriage only if it is confirmed by an Indian Court. Ext.P5 is the communication issued by the Marriage Officer to the petitioner in this connection. According to the petitioner, the Marriage Officer under the said statute is bound by law to act upon Ext.P4 divorce certification issued by the UAE Personal Status Court. He, therefore, seeks orders to quash Ext.P5 communication and direct the Marriage Officer to solemnize the marriage for which notice was given by him.

(3.) A statement has been filed in this matter by the Marriage Officer. It is contended by the Marriage Officer in the said statement that the petitioner and his divorced wife are Christians; that UAE Personal Status Court from which the petitioner obtained divorce does not recognize the law of India applicable to the parties; that divorce obtained by the petitioner is in accordance with Muslim Personal Law and that therefore, an Indian court cannot accept the said divorce in the light of Section 13 of the Code of Civil Procedure.