IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 10TH AUGUST 2009 / 19TH SRAVANA 1931 WP(C).No. 21775 of 2009(N) -------------------------- PETITIONER(S): --------------- 1. MEJO P.L., AGED 33 YEARS S/O.LONAPPAN P.A., POONATH HOUSE, CHENGALOOR PO, THRISSUR DISTRICT. 2. SHANTI .K.P. D/O.PAULOSE KUNNAPPILLY, KEEZHOOR PO, KOTTAYAM DISTRICT. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.RAJAN VELLOTH SRI.A.S.SABU SRI.BENOJ C AUGUSTIN RESPONDENT(S): --------------- 1. THE SUB REGISTRAR,AKKIKAVU KUNNAMKULAM, THRISSUR DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE LAW SECRETARY, THIRUVANANTHAPURAM. BY GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).21775/2009 -------------------- Dated this the 10th day of August, 2009 JUDGMENT Petitioners claim to be Roman Catholics and residents of Thrissur and Kottayam. 1st petitioner is working as a Driver and the 2nd petitioner is engaged in House Keeping works. The marriage of the petitioners were, according to them, got arranged in a hurried manner. They submitted Ext.P1 application before the 1st respondent under Cochin Civil Marriage Act. The complaint is that the 1st respondent refused to accept the application, in circumstances where the 1st petitioner is a divorcee and there is no proof of the status of the 1st petitioner to contract the marriage. Reference is made to Ext.P2 Decree of Divorce stated to have been granted by a Foreign Court. 1st respondent can be expected to take note of Ext.P2 only subject to the requirements under Sections 13 and 14 of the CPC. It is open to the 1st respondent to take note of Ext.P2 and if such judgment is found to have been pronounced by a Court of competent jurisdiction and nothing appears on the face of the proceedings to indicate that it has been obtained by W.P.(C).21775/09 2 fraud, then, the 1st respondent shall proceed with Ext.P1 application in accordance with law. If the 1st respondent has no objection in this regard, he shall give a reasoned reply to the petitioners within two weeks from the date of receipt of a copy of this judgment, where upon it is open to the petitioners to take further steps in relation to the said stand taken by the 1st respondent in accordance with law. Writ petition is disposed of as above. V.GIRI, Judge mrcs