IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 1ST JANUARY 2010 / 11TH POUSHA 1931 WP(C).No. 37822 of 2009(W) -------------------------- PETITIONER(S): --------------- 1. RINSON THOMAS, AGED 33 YEARS, SON OF AKKANATH AUGUSTY THOMAS, NO.6, MATHASREE KRUPA, 3RD MAIN, 3RD BLOCK, RMV, 2ND STAGE, NEW BEL ROAD, BANGALORE - 560 094, AND HAVING PERMANENT ADDRESS AT AKKANATH HOUSE, NEDUNGAD, NAYARAMBALAM P.O.,PIN. 682 509, ERNAKULAM DISTRICT 2. BENCY KALAPPARAMBATH JOSEPH, AGED 26 YEARS, D/O. KALAPPARAMBATH ANTONY JOSEPH, KALAPPARAMBATH HOUSE, KARINGATHURUTH, KONGORPPILLY P.O., CHERIMANGALAM, ERNAKULAM DIST. BY ADV. SRI.V.M.KURIAN SRI.MATHEW B. KURIAN SRI.K.T.THOMAS RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF LAW, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE MARRIAGE REGISTRAR & SUB REGISTRAR, OFFICE OF SUB REGISTRAR, THRIPOONITHURA. GOVERNMENT PLEADER SMT.N.SUDHADEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ----------------------------------------------- WP(C) No. 37822 of 2009 --------------------------------------- Dated, this the 1st day of January, 2010 J U D G M E N T The prayer in this Writ Petition is for issuing a writ of mandamus directing the 2nd respondent to accept Ext.P3 notice, to solemnize and register the marriage of the petitioners under the Cochin Christian Civil Marriage Act (Act 5 of 1095) and to issue certificate of marriage to the petitioners within the statutory period. 2. The learned Counsel appearing for the petitioners submits with specific reference to the contents of the Writ Petition that the petitioners are Christians belonging to the Roman Catholic Syrian denomination and they, having their place of dwelling in the territories of former Cochin State, they are entitled to get married under the provisions of the above enactment on completing the formalities provided under the Act. It is also contended that, once notice under Section 7 of the Act is tendered, it is the statutory duty of the Marriage Registrar to act upon it, in accordance with the provisions contained thereon and to issue the necessary certificate. The learned counsel, referring to the immediate necessity of the first petitioner to go back to Australia by 15th of this month in pursuit of his employment, submits that the action on the part of the 2nd respondent in not accepting Ext.P3 WP(C) No. 37822 of 2009 2 notice is liable to be interfered by this Court. Reliance is also placed on the decision rendered by this Court under similar circumstances as borne by Ext.P4 verdict. 3. Learned Government Pleader appearing for the respondents submits that as per the instructions received, the petitioners have not approached the 2nd respondent and that they have not filed Ext.P3 notice as proclaimed. The learned Government Pleader also submits that, if the petitioners approach the 2nd respondent and file the necessary notice as contemplated under the relevant provisions of law, along with the requirements as specified, the same will be considered and will be finalised in accordance with law without any delay. 4. In the above facts and circumstances, the petitioners are at liberty to give necessary notice of marriage to the 2nd respondent and if any notice is submitted, the same shall be accepted and acted upon in accordance with law and the proceedings shall be finalised issuing the necessary certificate, if everything is in order, as expeditiously as possible, at any rate, within three days from the production of the notice as above. The learned Government Pleader will communicate the position to the 2nd respondent forthwith. The Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON JUDGE dnc