IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 16TH JUNE 2010 / 26TH JYAISTHA 1932 WP(C).No. 18044 of 2010(E) -------------------------------------- PETITIONER: ------------------- JAISHA, AGED ABOUT 30 YEARS, W/O.RENTU DEVASIA, KALARIPARAMBIL HOUSE, MITHRKARY P.O., ALAPPUZHA – 689 598. BY ADV. SRI.SURIN GEORGE IPE. RESPONDENT: ---------------------- THE SECRETARY, RAMANKARY GRAMA PANCHAYATH, ALAPPUZHA DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.18044/2010-E: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE MARRIAGE CERTIFICATE ISSUED BY THE VICAR, ST. XAVIERS CHURCH MITHRKKARY. EXT.P.2: COPY OF THE EMPLOYMENT AUTHORIZATION CERTIFICATE ISSUED BY THE DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES. EXT.P.3: COPY OF THE APPLICATION SUBMITTED BEFORE THE RESPONDENT KERALA REGISTRATION OF MARRIAGES (COMMON) RULES 2008. EXT.P.4: COPY OF THE LETTER ISSUED TO THE RESPONDENT BY THE NORKA ROOTS. EXT.P.5: COPY OF THE INTIMATION GIVEN TO THE PETITIONER BY THE RESPONDENT. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.18044/2010-E ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 16th day of June, 2010 J U D G M E N T The petitioner herein is the wife of Shri Rentu Devasia alias Thomas, and the marriage was solemnised on 29/04/2004 at the St.Xaviers Church, Mithrkary P.O., Alappuzha. 2. The petitioner's husband is now in United States of America and the petitioner also intends to join him. For issuance of a marriage certificate, application was submitted before the first respondent. The respondent insisted that both the husband and wife have to put signature in the marriage register jointly and, communication in that regard was issued which is under challenge in this writ petition. Inspite of service of notice, the respondent has not appeared. 3. The learned counsel for the petitioner submitted that the issue is covered against the petitioner in view of the decision of this Court in Sarala Baby v. State of Kerala [2010 (2) KLT 66]. The Division Bench considered the issue in the light of the provisions under the Special Marriage Act as well as the Registration of Marriages (Common) Rules, 2008 (Kerala). It was held that for submitting the application presence of both the parties may not be required but, it has been held in paragraph (6) that W.P.(C). No.18044/2010 -:2:- if the couple want their marriage to be registered, they have to be present before the Local Registrar. In that view of the matter, the writ petition fails and the same is dismissed. No costs. (T.R. Ramachandran Nair, Judge.) ms