NIDHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed by the petitioner for the purpose of rectification and/or issuance of fresh marriage certificate of the petitioner. The prayer clause 6(A) reads as under:-

(2.) Learned advocate appearing for the petitioner submits that the petitioner entered into a marriage with her husband as per Hindu Rites and Rituals, who is Permanent Residence permit holder of Germany and is permanently residing there. It is submitted that the marriage was fixed as per the wishes of the family members of both husband and wife and was scheduled to be undertaken on 11.12.2017. However, on the very day i.e. on 11.12.2017, in the midst of the ceremony, the grand-father of the groom was taken seriously ill and was admitted to hospital and therefore, remaining ceremony could not be completed and the marriage was not performed and ultimately, on 17.12.2017, the grand-father of the groom passed away. It is after that the remaining marriage ceremony is scheduled and the same was performed on 27.01.2018.The subsequent ceremony was also performed by publishing fresh invitation cards for the relatives and friends. The actual marriage ceremony was performed on 27.01.2018. It is submitted that for the purpose of facilitating the travel of the petitioner as wife of a Permanent Residence permit holder of Germany, the procedure for registration of marriage was also undertaken on the basis of marriage ceremony which had commenced on 11.12.2017. Based on such documents, the marriage certificate is also issued and at the relevant time on account of prevailing situation of cancellation of postponement of marriage and sudden hospitalization of the grand-father of the groom, who ultimately expired, family members did not realize the consequences of the application already made for registration of marriage and the certificate was already issued.

(3.) Learned advocate for the respondent No.2 states that the issuance of marriage certificate which is now sought to be cancelled has been issued on the basis of documents which are produced by the petitioner. The necessary documents are valid and complete and therefore, there is no mistake on the part of the respondent to carry out any rectification for which there is no power. It is submitted that an application dated 11th December, 2017 was submitted by the petitioner as well as her husband Mr.Milind for registration of their marriage solemnized on 11.12.2017 at Junagadh along with documents including Certificate of Priest, Invitation Card (Kankotri) and their own affidavits. It is submitted that necessary procedure was followed and a Certificate of Registration of Marriage was issued on 18.12.2017. It is submitted that after nearly 1 year and 6 months, an application dated 25.06.2019 was addressed by the present petitioner to the Respondent No.2 requesting that as such marriage was not solemnized on 11.12.2017 due to death of a close relative on 17.12.2017 and later on it was solemnized on 27.01.2018 and therefore, a new Certificate be issued.