1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7869 OF 2011 Mohammedafshan Zakirhussain Champa and anr .. Petitioners Vs State of Maharashtra and ors .. Respondents Ms. Prabha Badadare, Advocate for the petitioners. Mr.M.A.Malvankar, for respondent nos 1 and 2. Mr A.D.Patel, AGP, for respondent no.3. CORAM : D.B.BHOSALE & K.K.TATED,JJ. DATE : 11/11/2011. PC: 1. Heard learned counsel for the parties. 2. By this writ petition, the petitioners are seeking direction to respondent no.1 to register their marriage and to issue marriage certificate. There is no dispute that respondent no.1 has rejected their application seeking registration of the marriage on the ground that they are residents of the area over which he has no jurisdiction. 3. Learned counsel for the parties invited our attention to the provisions Maharashtra Regulation of Marriage Bureaus and Registration of Marriages Act,1998 (Mah. Act No.XX of 1999), (for short, “the act”) and more particularly sections 7 and 8 T 2 thereof. Section 7 of the Act provides that if for any reason the Registrar is of the opinion that the marriage is not fit for registration, he may pass an order of refusal in writing, recording the reasons therefor and then refer the matter, with all the relevant record and his report in the matter to the Registrar General, within a period of seven days, from the date of the order of such refusal. Section 8 of the Act further provides that the Registrar General, on receiving the reference under section 7 from the Registrar, shall, within a period of one month from the date of receipt of such report, after giving an opportunity to the parties concerned of being heard, pass an order, after recording the reasons in writing, either directing the Registrar to register the marriage, or confirming the order of the Registrar refusing to register the marriage. This Court is informed that the Registrar, after refusing to register the marriage of the petitioners, has not made reference, as contemplated by sections 7 of the Act till this date. That being so, we are satisfied that this petition can be conveniently disposed of as prayed for by the learned counsel for the parties, by the following order. Respondent no.1-Registrar shall make reference as contemplated by section 7 of the Act to the Registrar General within a period of ten days from today. Respondent nos 1 and 2 3 to communicate this order to the concerned Registrar on or before 15.11.2011. We hope and trust that the Registrar General, on receiving reference under section 7 from the Registrar, shall decide the same within the time stipulated under section 8 of the Act after following the due procedure. The Registrar General shall communicate the order to the petitioners immediately thereafter. If for any reason the order that would be passed by the Registrar General is adverse to the petitioners, it is open to the petitioners to challenge the said order in appeal under section 9 of the Act. While passing this order, we shall not be understood to have examined merits of the case. The writ petition is disposed of. (K.K.TATED,J.) (D. B.BHOSALE, J.)