VIDHYA Vs. INSPECTOR GENERAL OF REGISTRATION

JUDGEMENT

(1.) The petitioner seeks for Mandamus to direct the 2nd respondent to cancel the marriage registration of the petitioner entered in Serial No.150 of 2012 dated 20.03.2012 in the office of the 2nd respondent, pursuant to the certificate of divorce absolute issued by the Court of Probate and Family at Massachusetts, USA in view of Section - 13 and 14 of the Civil Procedure Code.

(2.) The case of the petitioner is as follows: She got married with one Jayakrishnan, son of 3rd respondent on 11.03.2012 at Thirumala, Andhra Pradesh. The said marriage was registered in the 2nd respondent office on 20.03.2012 under Serial No.150/2012. After the said marriage, the petitioner was leading her matrimonial life in USA with her husband. However, the petitioner and her husband jointly obtained a decree for divorce on mutual consent from the Court of Probate and Family at Mussachusetts on 05.11.2018 and a certificate of divorce absolute was issued on 04.02.2019. The petitioner decided to remarry. For that purpose, she sought to remove the earlier registration of marriage at the office of the 2nd respondent. Hence, she made a request for cancelling the earlier registration. As it is not considered, the present writ petition is filed before this Court.

(3.) The 2nd respondent filed a counter affidavit, wherein it is stated that as per the circular dated 28.10.2013, issued by the Inspector General of Registration, a foot note entry of the divorce decree in the marriage register can be made.