SEETHAL JOSEPH Vs. MARRIAGE OFFICER, KAYAMKULAM MUNICIPALITY

JUDGEMENT

(1.) The petitioner is aggrieved by the delay on the part of the respondent-Marriage Officer in taking steps for registration of her solemnised marriage, in terms of the provisions contained in the Registration of Marriages (Common) Rules (Kerala), 2008. The prayers in the above Writ Petition (Civil) are as follows:

(2.) Heard Smt.M.Vanaja, learned counsel for the petitioner and Sri.T.R.Rajan, learned counsel appearing for the respondent-Marriage Officer.

(3.) The petitioner is a citizen of India, who is now residing in Canada. Earlier she had married one Premson Mechery Anto on 21.8.2006 in accordance with Christian rites and ceremonies, as both parties to the marriage are Christians and the marriage was solemnized in this State. The petitioner is a trained Physiotherapist and the said Premson Mechery Anto is a qualified Mechanical Engineer and that 2 children were born in their wedlock. They are residents in Canada as they are employed there. It is pointed out that the marriage had hit the rock bottom and the husband has deserted the petitioner and he started living with another woman in Ontario in Canada. Since the marital relationship has irretrievably so broken down, the petitioner had secured decree of divorce from the Superior Court of Justice, Ontario, on 25.7.2016. It is further stated that the said decree of divorce granted by the Superior Court of Justice, Ontario, has become final and conclusive and the said Premson Mechery Anto had not challenged the same in any manner. Later, the petitioner decided to marry one Sri.Rajesh Jibi, in accordance with the Christian rites as the petitioner belongs to Malankara Orthodox Syrian Church. The said Church was fully satisfied that the petitioner had secured dissolution of her first marriage and she does not suffer from any disqualifications in the solemnisation of the second marriage. Accordingly, the second marriage of the petitioner was solemnized in Kadeesha Orthodox Church, Kayamkulam on 15.7.2018, with Rajesh Jibi, as discernible from Ext.P-7 certificate. The said Cathedral is under the Diocese of Mavelikkara of Malankara Orthodox Syrian Church, it is stated. It has been decided that the petitioner's husband, Rajesh Jibi, would also settle in Canada as the petitioner is now staying in Canada for employment along with her two minor children. For the purpose of immigration of her husband to Canada, the petitioner has been advised that the solemnization of marriage should be registered and a copy of the marriage certificate issued by the competent Registrar should be produced before the competent authority in Canada before his papers could be processed in that foreign country. In that regard, the petitioner and her husband, Rajesh Jibi, had filed application for registration of their marriage in terms of the provisions contained in the Registration of Marriages (Common) Rules (Kerala), 2008, on 20.7.2018. Ext.P-2 is the copy of the receipt evidencing acceptance of application fee in that regard on 20.7.2018. According to the petitioner, she has also produced all the relevant documents issued by he Superior Court of Justice, Ontario, Canada, to evidence the factum of dissolution of her first marriage. It appears that the respondent-Registrar required some clarifications from the higher authorities to ascertain about the procedural steps to be taken in this case as the decree of divorce is granted by a foreign court in Canada and he has sought clarifications from the Chief Registrar, thereafter. Thereafter, no effective action is forthcoming in taking steps on the application referred to in Ext.P-2. It is in the light of these aspects, that the instant Writ Petition (Civil) has been filed with the aforementioned prayers.