VIPIN V RAJAN Vs. SUB REGISTRAR MARRIAGE OFFICER

JUDGEMENT

(1.) Question that has come up for consideration in this case is whether a writ of mandamus can be issued directing the marriage Officer to entertain an application which was submitted without complying with Section 15 (f) of the special Marriage Act on the ground that the provision is directory.

(2.) Petitioners have approached this court challenging Ext. P4 order dated 18-7-2007 issued by the Marriage Officer rejecting the petitioners' application stating that they have not satisfied the provisions of Section 15 (f) of the Specialmarriage Act. Petitioners submit that Section 15 (f) being a directory provision a writ of mandamus can be issued to receive the application, though the condition stipulated therein has not been satisfied. Petitioners had solemnized their marriage on 16-7-2007 at St. John Baptist Church at Palarivattom and hardly two days thereafter they preferred an application before the Marriage Officer under Section 15 of the Special Marriage Act for registration of the marriage. Marriage officer rejected the application since the petitioners have not resided for a period of 30 days within the jurisdiction of that Officer, before submitting the application. Petitioners have therefore not satisfied the condition stipulated in Section 15 (f) of the Act. Petitioners maintained the stand that Section 15 (f) being a directory provision the marriage Officer has got the discretion to waive the requirements.

(3.) In Deepak Krishnan v. District Registrar (ILR 2007 (3) Ker 256) this Court has held that Section 15 of the Special Marriage act is a directory provision. But the question posed in this case is, being a directory provision can the petitioners seek a writ of mandamus directing the Marriage Officer to accept such an application filed before the expiry of thirty days as provided under Section 15 (f) of the Act. We have examined the scope of Section 15 in the above case and held as follows :