IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 11TH DECEMBER 2009 / 20TH AGRAHAYANA 1931 WP(C).No. 25041 of 2009(A) --------------------------------------- PETITIONER: ------------------- ELANJIKKAL POULOSE JACOB, S/O. E.A.PAULOSE, ELANJIKKAL HOUSE, MURINGOOR P.O., THRISSUR DISTRICT , PIN 680 309. BY ADVS. MR.C.V.MILTON, MR.K.P.JUSTINE. RESPONDENTS: ------------------------ 1. THE MARRIAGE OFFICER FOR CHALAKUDY, SUB REGISTRAR, CHALAKUDY. 2. THE REGISTRATION INSPECTOR GENERAL, REGISTRATION, DEPARTMENT, THIRUVANANTHAPURAM. R1 & R2 BY GOVERNMENT PLEADER MR. M.A. ASIF. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/12/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.25041/2009-A: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE 1ST PAGE OF THE PASSPORT NO.F.6692869 ISSUED TO THE PETITIONER. EXT.P.2: COPY OF THE 1ST PAGE OF THE PASSPORT NO.G.8017049 ISSUED TO THE WIFE OF THE PETITIONER. EXT.P.3: COPY OF THE MARRIAGE CERTIFICATE NO.49/07 DTD. 12/06/2007 ISSUED TO THE PETITIONER. EXT.P.4: COPY OF THE REPRESENTATION DTD 29/12/2008 FILED BY THE PETITIONER. RESPONDENTS' EXHIBITS: EXT.R1.A: COPY OF THE APPLICATION. EXT.R1.B: COPY OF THE MARRIAGE CERTIFICATE. //TRUE COPY// P.A. TO JUDGE. Prv. P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 25041 OF 2009 -------------------------- Dated this the 11th day of December, 2009 J U D G M E N T The marriage between Sri. Elanjikkal Poulose Jacob, the petitioner herein, and Smt. Tharakan Paul Dolly was solemnized on 4.5.1987 at Perpetual Lady of Mother Church. The petitioner is presently residing in Italy and is employed there. In his passport his name is shown as Elanjikkal Poulose Jacob. In the passport issued to his wife, her name is shown as Tharakan Paul Dolly. With a view to obtain a visa and take his wife abroad, the petitioner and his wife submitted an application to the first respondent to have their marriage registered under the Special Marriages Act 1954. The marriage was accordingly registered as on 12.6.2007. However, in the marriage certificate, the petitioner’s name was shown as Elanjikkal E.P.Jacob and that of his wife as Tharakan Dolly Jacob, daughter of Tharakan Pappu. This discrepancy in the name of the petitioner and his wife in the marriage certificate was sought to be corrected by moving the first respondent. The first respondent declined to make the necessary corrections. The petitioner contends that in view of the disparity in their names in the marriage certificate he is not in a position to take his wife abroad. In this writ petition the petitioner seeks a direction to the first respondent to effect the necessary corrections in the marriage certificate issued by him, a copy of which is produced as Ext.P3. W.P.(C) No. 25041/09 2 2. The first respondent has filed a counter affidavit wherein it is stated that the entries in the marriage certificate were made based on the information furnished in the application and that in the application for registration of marriage, the names of the petitioner and his wife had been given as in Ext.P3 certificate. It is contended that registration was perfectly in order and that there is no mistake in the marriage certificate issued by him. He also contends that in the absence of any mistake on his part, he is not bound to correct the marriage certificate and issue a fresh marriage certificate. 3. I have considered the submissions made at the Bar by the learned counsel on either side. A similar issued was considered by this Court in W.P.(C) No.28200 of 2009 wherein this Court held that though the Marriage Officer cannot be found fault with for the entries in the marriage certificate, in the absence of any embargo in rectifying the mistake even if it was caused on account of the parties themselves, the error in the marriage certificate can be permitted to be corrected. This Court however directed that such correction shall be made in the event of the petitioner therein remitting the sum of Rs.1,500/- in the State Treasury and producing proof of such payment before the Marriage Officer. In the light of the direction issued by this Court in W.P.(C) No. 28200 of 2009, I dispose of this writ petition with a direction that in the event of the W.P.(C) No. 25041/09 3 petitioner remitting the sum of Rs.2,500/- in the Sub Treasury, Chalakkudy, under an appropriate head of account and producing proof of such payment and surrendering the original of Ext.P3 marriage certificate, the first respondent shall issue revised marriage certificate containing the name of the petitioner and his wife as in their respective passports. In order to enable the first respondent to act as directed above, the petitioner shall also produce along with a certified copy of this judgment attested photostat copies of his passport and the passport of his wife. It is clarified that this direction is not to be treated as a general direction and that the Marriage Officer need not make such corrections unless ordered by this Court or any other competent civil court. P.N.RAVINDRAN, JUDGE vps