IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 WP(C).No. 21252 of 2009(B) ------------------------------------ PETITIONER(S): ----------------------- 1. N.K.JOB, JOB'S VATTAKATTU ROAD, AZAD ROAD, KALOOR, ERNAKULAM. 2. ALEYAMMA JOB, JOB'S VATTAKATTU ROAD, AZAD ROAD, KALOOR, ERNAKULAM. BY ADV. MR.SUNIL JACOB JOSE RESPONDENT(S): ------------------------- MARRIAGE OFFICER, SUB REGISTRAR OFFICE, ERNAKULAM. BY GOVT. PLEADER MR.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.21252 of 2009 -------------------------- Dated this the 29th July,2009 J U D G M E N T Petitioners, husband and wife, are christians. They are faced with a situation where a registration of their marriage under the Special Marriage Act, is required, for purpose of enabling their daughter to apply for United States Citizenship. Petitioners were married in the year 1966. One of their daughters is a Doctor by profession and settled in United States of America. She has sought for United States Citizenship. It seems that the authorities have directed the petitioners' daughter to produce the marriage certificate of the petitioners on or before 9.8.2009. Petitioners had not got their marriage certificate under the the Special Marriage Act because there was a civil marriage. They then submitted an application under Section 15 of the Special Marriage Act before the respondent on 27.7.2009 seeking a registration of their marriage and issuance of a certificate. The W.P ( C) No.21252 of 2009 2 statute prescribes 30 days notice as a mandatory requirement for a marriage to be registered under the Special Marriage Act. This writ petition has been filed seeking a direction to the respondent to relax the time frame so fixed in relation to the registration of their marriage and forthwith register the marriage and issue a certificate evidencing the same. 2. Learned Government Pleader refers to the judgment of this Court in Deepak Krishna Vs. District Registrar [ 2007 (3) KLT 570], wherein, the time frame of 30 days prescribed under Section 16 of the Act was considered as mandatory. This obviously stands in the way of petitioners. 3. Learned counsel for the petitioner refers to a decision of another Bench of this Court in John Lukose Vs. District Registrar [2007(1) KLT 247], wherein, the Bench had taken a view, in so far as the registration of marriage under the Act is concerned, that a Marriage Certificate can be issued in exceptional cases before expiry of 30 days. W.P ( C) No.21252 of 2009 3 4. The Bench in Deepak Krishna Vs. District Registrar[ 2007 (3) KLT 570], referred to the judgment of John Lukose Vs. District Registrar [2007(1) KLT 247].But the latter judgment was distinguished. I am bound by the dictum laid down in Deepak Krishna Vs. District Registrar, wherein, it has been held that the period of 30 days fixed under Section 16 of the Special Marriage ACt, cannot be abridged under any circumstances. In the result, the writ petition is dismissed. (V.GIRI,JUDGE) ma W.P ( C) No.21252 of 2009 4 W.P ( C) No.21252 of 2009 5