IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 WP(C).No. 25289 of 2011(I) -------------------------- PETITIONER(S): ---------------------- SHAMSEENA M.A, AGED 20 YEARS,D/O.MUHAMMED M.A, 'JEELANI MANZIL', MULIAR P.O.,KASARAGOD DISTRICT. BY ADV. SRI.M.SASINDRAN RESPONDENT(S): ------------------------- 1. THE MARRIAGE OFFICER, OFFICER OF THE MARRIAGE OFFICER, KASARAGOD 671 121. 2. MUHAMMED ASLAM T.K. 'T.K.HOUSE', BOVIKKANAM, ALOOR, MULIAR P.O, 671542, KASARAGOD DISTRICT. 3. SAMEERA, W/O.MUHAMMED ASLAM T.K. 'T.K.HOUSE', BOVIKANAM, ALOOR, MULIAR P.O, 671542, KASARAGOD DISTRICT. ADV. SRI.T.MADHU FOR R2 GOVT.PLEADER SMT.SANJEETHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.25289/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1 A TRUE COPY OF THE CERTIFICATE OF MARRIAGE UNDER THE SPECIAL MARRIAGE ACT 1954. EXT.P2 A TRUE COPY OF THE MARRIAGE CERTIFICATE OF 2ND RESPONDENT WITH THE 3RD RESPONDENT. EXT.P3 A TRUE COPY OF THE BIRTH CERTIFICATE OF THE 2ND AND 3RD RESPONDENTS CHILD. EXT.P4 A TRUE COPY OF THE COMPLAINT DATED 17-07-2011 SUBMITTED BY THE PETITIONER BEFORE THE SUB INSPECTOR OF POLICE, ADHUR POLICE STATION. EXT.P5 A TRUE COPY OF THE JUDGMENT DATED 19-08-2011 IN WP(C) NO.22079 OF 2011. EXT.P6 A TRUE COPY OF THE JUDGMENT DATED 27-5-2008 IN WP(C) NO.9073 OF 2008. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 25289 OF 2011 ===================== Dated this the 24th day of October, 2011 J U D G M E N T The prayer in the writ petition reads thus:- “(i) issue a writ of certiorari or other appropriate writ or order, quashing Ext.P1 marriage certificate, being illegal and void, and vitiated by fraud and misrepresentation and one issued in violation of the provisions of the Special Marriage Act. (ii) to declare that Ext.P1 is void and unenforceable.” 2. When the case came up for orders before this Court, both sides requested for referring the case to the Mediation Centre for settlement of the dispute. Accordingly, on 28/9/11, the case was referred to the Mediation Centre. Before the Mediation Centre, parties have settled the dispute and a settlement was arrived at on 10/10/2011 and the settlement reads thus;- “The matter was referred for mediation on 10/10/2011. Petitioner along with her uncle and mother was present. 2nd respondent and 3rd respondent who is the wife of 2nd respondent along with their child were also present. 2nd respondent stated that he is not having any objection to set aside Ext.P1. Petitioner stated that 2nd respondent is a close relative of her, she is studying for B.Tech and she has no objection to setting aside the Ext.P1. Exhibit P1 was executed during the pendency of the first marriage of the 2nd respondent. The marriage as per Ext.P1 was not consummated. After a discussion both parties agreed that they are not having any objection to quash the Exhibit P1 WPC No. 25289/11 :2 : Marriage Certificate.” 3. Recording the above statement, the Mediator has submitted his report. 4. When this matter accordingly came up today for orders, counsel appearing for the parties also confirmed the settlement recorded before the Mediator. In that view of the matter, this writ petition is disposed of quashing Ext.P1 certificate of marriage issued under the Special Marriage Act. ANTONY DOMINIC, JUDGE Rp