SULABHA LEELA MANDIRAM Vs. SUSEELA

JUDGEMENT

(1.) Can the registering authority under the Registration Act, 1908(for short, the Act) refuse to register an agreement for dissolution of marriage Editor: The text of the vernacular matter has not been reproduced. Please write to if the vernacular matter is required.) on the ground that there is no statutory provision which compels the registering authority to register a document "which is per se unenforceable and not compulsorily registrable"

(2.) The above interesting question has come up for consideration in this Original petition in the following facts and circumstances.

(3.) Petitioner is stated to be the wife of the one Mr. Anilkumar. According to the petitioner, she had been living separately from her husband. They had decided to effect divorce by mutual consent. Accordingly, a document styled as "Vivahamochanam" (Divorce) was executed by them on a stamp paper worth Rs. 500/-. The document was presented for registration before respondent No. 1, the Sub Registrar, Varkala. However, the Sub Registrar refused to register the document. Therefore, petitioner preferred a complaint before the Kerala Lok Ayukta.