Aysha vs Sub Registrar

K.A. Abdul Gafoor, J.—According to the petitioner she is the legally wedded wife of the 2nd respondent. Their marriage had been solemnised under Muslim Law. The second respondent married another. That was based on an agreement entered into between them and registered with the office of the first respondent. Such a document has been registered as a miscellaneous document to be entered into book No. 4 maintained u/s 51 of the Indian Registration Act by the first respondent. The petitioner applied for a copy of the said agreement. The petitioner is not provided with a certified copy. Therefore the petitioner has approached this Court seeking a direction to the first respondent to issue a certified copy of the said document to the petitioner so that she can proceed further to vindicate her grievance.

Delivery of certified copy is covered by Section 57 of the Registration Act, 1908. Document entered in book No. 4 is covered by Section 57(3). The petitioner is not a person who had executed the document or a party to the document. She cannot claim anything under that document. Only the parties to the document or any one claiming anything out of the said document alone can obtain certified copies. The petitioner, is also not a representative of the second respondent, her husband, in terms of Section 2(10) of the Act. A wife does not have an implied agency from the husband. The petitioner does not have a case that the second respondent, her husband is having any legal incapacity. Therefore the petitioner cannot claim an implied agency. Thus the petitioner does not come within the ambit of Section 57(3) to claim certified copy of document or entries relating to the document.

Even if the petitioner wants to rely on that document to vindicate her grievance or claim any thing from the second respondent, she could obtain the production of the document in such proceedings, if applied for to the Court where she intends to institute proceedings.