IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 10TH FEBRUARY 2010 / 21ST MAGHA 1931 WP(C).No. 4347 of 2010(P) ------------------------- PETITIONERS: --------------- 1. ANISH BABU, AGED 26, S/O.KANNAMPARAMBIL VARGHESE BABU, KANNAMPARAMBIL HOUSE, THIRUVANIYOOR PO, PUTHENCRUEZ, ERNAKULAM-682 308. 2. RAIMOL J0SEPH, AGED 25, D/O.BABY THOMAS, KALLELIKUNNEL, IDAMATTOM PO, KOTTAYAM. BY MR.G.KRISHNAKUMAR, ADVOCATE MR.SUNNY P MARKOSE, ADVOCATE MR.P.H.SHAJI (THRIKKAKARA), ADVOCATE MR.M.MANOJ KUMAR MALLIA, ADVOCATE RESPONDENTS: ----------------- 1. MARRIAGE OFFICER(SUB REGISTRAR) OFFICE OF THE SUB REGISTRAR, TRIPUNITHURA, ERNAKULAM DIST. 2. STATE OF KERALA, REPRESENED BY THE CHIEF SECRETARY THIRUVANANTHAPURAM. BY MR.P.N.SANTHOSH, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.4347 OF 2010 --------------------------------------- Dated this the 10th day of February, 2010. J U D G M E N T The petitioners are seeking for a direction to the 1st respondent to register the marriage of the petitioners under the Christian Civil Marriage Act 1095 and to issue marriage certificate as per the Rules. 2. The 1st petitioner is residing at Alwaye in Ernakulam District. The petitioners are Christians and they are professing and following the rules and principles of Christianity. They are holders of Indian Passport. The 1st petitioner is an MSW holder and at present studying in Australia for Diploma in Community Welfare. The 2nd petitioner is a staff nurse at Jeddah and she has come down for her marriage with the 1st petitioner. 3. The 1st respondent is the Marriage Officer notified under Section 5 of the Christian Civil Marriage Act 1095 to register the marriages of Christians in Ernakulam District. The 1st petitioner issued a notice of marriage to the 1st respondent under Section 7 W.P.(C) No.4347/2010 2 of the Act, as per Exhibit P3. It is stated that the 1st petitioner is residing within the territorial limits of the Sub Registrar, Puthencruez and similar notices were also given there. According to the petitioners, the 1st respondent has refused to register the marriage. Learned Government Pleader on instructions submitted that the original of Exhibit P3 has not been presented before the 1st respondent for action and if the same is presented along with the required fee, the same will be considered for registration in accordance with the relevant provisions of the Act. It is also submitted that the registration can be granted if the petitioners prove that one of them is residing within the erstwhile Cochin area. Appropriate action will be taken within a period of seven days from the date of submission of the original of Exhibit P3 along with a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp