IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931 WP(C).No. 16118 of 2009(H) --------------------------------------- PETITIONER: ------------------- MERLY MATHAI, D/O. V.P. MATHAI, VIRIYAPPILLIL, PIRAVOM P.O., ERNAKULAM DISTRICT. BY ADVS. SMT.CHINCY GOPAKUMAR, MR.ASWIN GOPAKUMAR, MR.ANWIN GOPAKUMAR. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY (REGISTRATION), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE MARRIAGE OFFICER (SUB-REGISTRAR), OFFICE OF THE SUB REGISTRAR, KURAVILANGAD, KOTTAYAM DISTRICT. *3. JUSTIN THOMAS, MUPRAPPALLIL, UZHAVOOR EAST P.O. KOTTAYAM DISTRICT. *CAUSE TITLE CORRECTED. ALTERNATE ADDRESS OF R3 INCORPORATED: JUSTIN THOMAS, 30, LILLIAN STREET, PONONA, NEW YORK – 10970, CAUSE TITLE CORRECTED BY INCORPORATING ALTERNATE ADDRESS OF R3 AS ABOVE AS PER ORDER DT. 12/06/09 IN I.A. 7074/09. R1 & R2 BY GOVT. PLEADER MR. P. NARAYANAN, R3 BY ADV. MR.G.D.PANICKER, SMT.JEENA JOSEPH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.16118/2009-H: APPENDIX PETITIONERS' EXHIBIT: EXT.P.1: COPY OF THE MARRIAGE CERTIFICATE DTD. 09/02/2009 ISSUED BY THE R.2. RESPONDENTS' EXHIBITS: EXT.R3.A: PHOTOCOPIES OF THE PAGE 3,8,9,14,16 OF THE PASSPORT. EXT.R3.B: COPY OF THE BOARDING PASSES ISSUED TO THE RESPONDENT FROM COCHIN TO MUMBAI AND FROM MUMBAI TO NEW YORK ON 09/02/2009 AND 10/02/2009 RESPECTIVELY BY THE AIRPORT AUTHORITY. //TRUE COPY// P.S. TO JUDGE. Prv. P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No. 16118 of 2009 - H ---------------------------------------- Dated 19th October, 2009 Judgment In this writ petition, the petitioner wife seeks a declaration that no legal relationship of marriage subsists between her and the third respondent husband. The third respondent virtually concedes that claim. In my opinion, as what the petitioner seeks is a decree declaring that the marriage solemnized between her and the third respondent under the the Special Marriages Act, 1954 is a nullity on the ground that the marriage has not been consummated, it is for them to move the competent court under section 31 of the Special Marriages Act, 1954. The petitioner cannot bypass the said remedy and move this Court under article 226 of the Constitution of India seeking annulment of the marriage solemnized between her and the third respondent. Therefore, without prejudice to the rights of either of the parties to move the competent court under section 31 of the Special Marriages Act, 1954, this writ petition is dismissed. P.N.RAVINDRAN Judge vaa