High CourtsSingle Bench(2021) 06 KL CK 0356

Antony Biju K.X vs Corporation Of Kochi Corporation Office, Park Avenue Road, Ernakulam

High Court Of Kerala · Decided on 23 June 2021

HON’BLE JUDGES
Sathish Ninan, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No.11681 Of 2021

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Judgment

20 paragraphs · 399 words

Sathish Ninan, J.

1.

The marriage of the petitioner with Smt.Jessy K.P. was solemnized on 30.06.2010 at St. Antony's Church, Vaduthala, Ernakulam. as is evidenced

by Ext.P1. Smt.Jessy K.P. is employed at Italy. Seeking registration of the marriage under the Kerala Registration of Marriages (Common) Rules

2008, the petitioner has submitted Ext.P2 application before the second respondent. In view of the Covid-19 Pandemic and the consequent travel

restrictions, securing the presence of the petitioner's wife-Jessy K.P. is impracticable. The certificate of marriage is necessary to enable the petitioner

to join his wife. It is on the afore facts, the petitioner has approached this Court seeking direction to the second respondent to have the marriage

registered by securing the presence of the petitioner's wife-Jessy K.P. through video conferencing and without insisting for her personal presence.

2.

In Mathew T.K. v. Secretary and Registrar of Marriages, Alappuzha and Anr. (2020 (4) KHC 456), this Court has in a similar matter directed

registration of marriage on conditions. There is no reason not to follow the said precedent.

In the circumstances the writ petition is disposed of with the following directions:-

(i) An authorized representative of the wife of the petitioner, preferably one among her parents, shall file an affidavit before the second respondent stating that he/she

has been duly authorised by the wife of the petitioner to sign in the marriage register on behalf of the wife of the petitioner.

(ii) If an affidavit as directed is filed before the second respondent, he shall act upon Ext.P2 application and complete the formalities for registration of the marriage of

the petitioner after securing the presence of his wife through video conferencing and issue marriage certificate to the petitioner, after obtaining signatures of the

petitioner and the authorized representative of his wife.

(iii) The wife of the petitioner shall appear before the second respondent and sign in the marriage register within one year from the date of registration. In case the

wife of the petitioner does not comply with the said direction, the second respondent will be at liberty to revoke the registration of their marriage.

(iv) The petitioner shall produce certified copy of the judgment before the second respondent for necessary information and further action. He shall also make

necessary arrangements for the video conferencing.

(v) The necessary fee payable consequent to the delay in registration shall also be paid by the petitioner.