RAGHUL PREMKUMAR Vs. INSPECTOR GENERAL OF REGISTRATION

JUDGEMENT

(1.) The petitioner has filed this Writ Petition for issuance of a mandamus on the respondents to cancel the Marriage Certificate No.815 of 2017 dtd. 3/11/2017 of the petitioner by making a footnote in the marriage certificate under the seal and signature of the 2nd respondent.

(2.) Mr.V.V.Giridhar, learned counsel appearing for the petitioner would submit that the marriage between the petitioner, Raghul Premkumar and his wife, Mrs.Swati Gaekwad was dissolved vide a Judgment rendered by a Foreign Court, i.e. Superior Family Court of California, on 1/2/2021 that after the dissolution of marriage, the petitioner came back to India and has given a representation dtd. 8/8/2023 to the second respondent, viz., Sub-Registrar, Velachery, Chennai,(where, the marriage was earlier got registered) annexing all required documents and sought for cancellation of the marriage certificate, however, the second respondent refused to consider the petitioner's representation. Hence, the present Writ Petition.

(3.) On the other hand, Mr.V.Baranidharan, learned Special Government Pleader for respondents would submit that as there is no provisions under the Tamil Nadu Hindu Marriage (Registration) Rules, 1967 to cancel the marriage certificate, the second respondent has rightly refused to consider the representation made by the petitioner, however, he suggested that the petitioner can seek for registration of the Judgment rendered by the Foreign Court, dtd. 1/2/2021, as regards the Dissolution of Marriage between the petitioner and his wife, and if the petitioner apprehends that any dispute may arises in future based on their earlier marriage, the petitioner is entitled to challenge the same in the manner known to law based on the Foreign Judgment.