IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 29TH JANUARY 2010 / 9TH MAGHA 1931 WP(C).No. 660 of 2010(F) ------------------------ PETITIONER(S): --------------- KADEEJA BUSHARA.P,AGED 20 YEARS, RESIDING AT PACHEERI HOUSE,BIG BAZAR, PERINTHALMANNA.P.O,MALAPPURAM. BY ADV. SMT.SMITHA GEORGE SRI.S.A.ABDUL SALEEM RESPONDENT(S): --------------- 1. THE STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVERNMENT,DEPARTMENT OF LOCAL SELF GOVERNMENT,THIRUVANANTHAPURAM. 2. THE REGISTRAR OF MARRIAGES, PERINTHALMANNA MUNICIPALITY,PERINTHALMANNA, MALAPPURAM DISTRICT. 3. THE DIRECTOR OF PANCHAYATS, THIRUVANANTHAPURAM. ADV. SRI.P.K.VIJAYAMOHANAN, SC FOR R2 MR.V.MANU, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.660/2010 APPENDIX PETITIONER'S EXHIBITS P 1: COPY OF THE APPLICATION DATED 12/11/2009 SUBMITTED BY THE PETITIONER. P2 : COPY OF THE CERTIFICATE DATED 04/11/2009 FROM THE KAKKOOTH JUMA MASJID. P3 : COPY OF THE DEATH CERTIFICATE DATED 03/11/2009 ISSUED BY THE REGISTRAR OF BIRTHS & DEATHS, THRISSUR. P4 : COPY OF THE AGREEMENT DATED 05/08/2009 BETWEEN THE FATHER OF THE HUSBAND OF THE PETITIONER AND THE DIVORCED WIFE OF THE HUSBAND OF THE PETITIONER. RESPONDENT'S EXHIBITS R2(a) : COPY OF THE COMMUNICATION NO.PH.9918/2009 DATED 21/11/2009 ISSUED TO R3 BY R2. R2(b) : COPY OF THE COMMUNICATION NO.B2-33803/2009 DATED 04/12/2009 FROM R3 TO R2. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.660 of 2010 (F) --------------------------------- Dated, this the 29th day of January, 2010 J U D G M E N T The prayer made in the writ petition is to direct the 2 nd respondent to issue a marriage certificate to the petitioner forthwith certifying her marriage with Mr.Suneer N.P. 2. Facts show that the petitioner was married to one Mr.Muhammed Iqbal, who expired on 05/04/2007. The death certificate is Ext.P3. It is stated that thereafter she got married to Mr.Suneer N.P., who was also married. According to the petitioner, his marriage also ended in divorce, and Ext.P4 agreement is referred to in this context. According to her, after both got married, they submitted Ext.P1 application to the 2 nd respondent requesting for registration of their marriage and to issue marriage certificate. Complaining that the marriage certificate was not issued despite long lapse of time, this writ petition is filed. 3. A counter affidavit has been filed by the 2 nd respondent. In the affidavit filed, it is stated that Ext.P4 is only an agreement WP(C) No.660/2010 -2- between the petitioner's husband and his first wife's father and the document was insufficient to prove a valid divorce of the 1st marriage of the husband of the petitioner. It is stated that apart from that there are also no clear guidelines about the documents required for entertaining requests as in this case, and therefore, the 2nd respondent sought clarification from the 3rd respondent by Ext.R2(a). It is stated that the 3rd respondent in turn has taken up the matter with the Government and as clarification has not been obtained, the matter is kept pending. 4. The learned counsel for the petitioner produced a certificate dated 05/01/2010 issued by the Paramboor Juma Masjid Mahllu Committee, which according to her certifies the divorce validly effected by the petitioner's husband with his erstwhile wife. Facts do not show that this certificate was made available to the 2nd respondent. 5. Irrespective of the contentions, when an application is made, it is up to the 2nd respondent to deal with the same in terms of the provisions contained in the Kerala Registration of Marriages (Common) Rules, 2008. Therefore, it is up to the 2nd respondent to WP(C) No.660/2010 -3- verify the document produced and if satisfied to register the marriage and if not, to pass appropriate orders on the application. Such an order has not been passed on Ext.P1. Therefore, I direct the 2nd respondent to consider Ext.P1 in the light of the documents produced by the petitioner and pass appropriate orders thereon in accordance with law. This the 2nd respondent shall do as expeditiously as possible, at any rate, within four weeks of production of a copy of this judgment. It is made clear that it will be open to the 2nd respondent to call upon the petitioner to produce further documents, if he considers it relevant. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg