U. KALATHEESWARAN Vs. DISTRICT REGISTRAR, DEPARTMENT OF REGISTRATION

JUDGEMENT

(1.) The Writ Petition has been filed seeking issuance of a Writ of Mandamus, to direct the respondents to receive the petitioner's marriage registration application and register the petitioner's marriage with Parimala Devi, daughter of Ganesan, Sura Nagar, Verugal Mugathuvaram, Mavadichenai, Tiruconamalai, Sri Lanka, as per Section 15 of the Special Marriage Act, 1954.

(2.) The learned Counsel appearing for the petitioner would submit that the petitioner fell in love with one Ms.Parimala Devi, D/o. Ganesan, while working at Bahrain from 31.10.2013 to 25.11.2015 and the said Parimala Devi is a Sri Lankan Citizen. Thereafter, with the consent of both families, the petitioner married Ms.Parimala Devi on 25.05.2018 and even though the petitioner is a citizen of India, his wife is an expatriate born in Sri Lanka. It is further submitted that the petitioner's wife came to India on a Tourist Visa for three months and during that period her marriage with the petitioner was solemnized on 25.05.2018. Subsequently, the petitioner approached the second respondent on 14.05.2018 to register the marriage of the petitioner under Section 15 of the Special Marriage Act, 1954, as the said Ms.Parimala Devi is a Sri Lankan citizen and she came to India on a Tourist Visa. Since the second respondent has refused to receive the application, the petitioner has come forward with the present Writ Petition.

(3.) According to the petitioner, the second respondent has to register the marriage following the procedure prescribed under the Special Marriage Act, 1954 but, unfortunately, the marriage has not been registered by the second respondent. It is relevant to extract Section 15 of the Special Marriage Act, 1954 which reads as follows: