K. SELVARANJAN Vs. THE DISTRICT COLLECTOR, RAMANATHAPURAM DISTRICT

JUDGEMENT

(1.) The Writ Petition has been filed seeking issuance of a Writ of Mandamus, to direct the third respondent herein to register the marriage between petitioner (Selvaranjan) and his wife namely Yaalvini which was held on 27/5/2018 at Vellariodai Arulmigu Sri Balamurugan Temple in Vellariodai Village in Ramanathapuram Taluk, Ramanathapuram District, by considering petitioner's representation dtd. 28/6/2018 within the time stipulated by this Court.

(2.) The learned Counsel appearing for the petitioner would submit that the petitioner, a Hindu, had married one Ms.Yaalvini, a Hindu, who is none other than his uncle's daughter, on 27/5/2018. The petitioner is a citizen of Indian and that his wife is an expatriate born in Sri Lanka. The marriage was performed in accordance with the Hindu Law and that a procedure is followed by the villagers of the petitioner that any marriage performed in their village, it should be entered in the Village Community Register and the villagers have signed as witnesses. It is further submitted that the petitioner's wife came to India on 11/5/2018 and her visa was valid upto 24/7/2018. The petitioner, in order to get citizenship in India for her wife, approached the third respondent on 28/6/2018 with a representation along with necessary document. Though the third respondent received the same, till date no steps have been taken by the third respondent and the same is pending. Therefore, the petitioner has come forward with the present Writ Petition.

(3.) According to the petitioner, as his marriage was performed in accordance with the Hindu customs, the third respondent has to register the marriage following the procedure prescribed under the Hindu Marriage Act, 1955 but, unfortunately, the marriage has not been registered by the third respondent. It is relevant to extract Sec. 5 of the Hindu Marriage Act, 1955 which are as follows: