Puthiya Kottal Faizal Musaliar v. Marriage Officer, Chalai and Addl. Respondent Rosa Maria Di Benedetto (Di Benedetto Rosa Maria Roma Giuseppa)
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- P.R.RAMACHANDRA MENON
- Judgment Date
- 2013-08-05
- Court Decision / Holding
- Writ petition disposed of; the first respondent is directed to proceed with Ext.P1 application for registration under the relevant provisions of law, subject to satisfaction of statutory requirements, notwithstanding expiry of the notice period under Section 14 of the Special Marriage Act; proceedings to be finalised at the earliest, within one month from the receipt of a copy of this judgment.
- Final Disposition
- Disposed of
Parties to the Case
Appellants / Petitioners
- PUTHIYA KOTTAL FAIZAL MUSALIAR S/O. THANGAL KUNJU MUSALIAR KAMALUDDIN MUSALIAR 'SITARA', RESIDENTY ROAD, ASARAMOM.P.O. KOLLAM-691002.
Respondents
- MARRIAGE OFFICER, CHALAI SUB REGISTRAR OFFICE, NEAR KILLIPPALAM BRIDGE KARAMANA.P.O., THIRUVANANTHAPURAM-695002
- ADD L.2. DI BENEDETTO ROSA MARIA ROMA GIUSEPPA AGED 57 YEARS, D/O.FARINA DI BENEDETTO COTTON HILL HEIGHTS, APT 1M, VAZHUTHACAUD THIRUVANANTHAPURAM -695010 ORIGINALLY FROM 158 ERROL STREET, NORTH MELBOURNE, VIC AUSTRALIA 3051.
Legal Representation & Advocates
Counsels for Petitioners
- • SRI.C.UNNIKRISHNAN (KOLLAM)
- • SRI.D.JAYAKRISHNAN
Counsels for Respondents
- • SENIOR GOVERNMENT PLEADER JOSEPH GEORGE
- • SRI.NIDHI BALACHANDRAN
Case Synopsis & Summary
This writ petition challenges the delay and alleged ultra vires action of the first respondent in processing an application for solemnisation of marriage under Section 5 of the Special Marriage Act, 1954, filed by the petitioner with his bride, an Australian citizen brought on record as Addl. Respondent 2. The petitioner, a resident of Kollam, sought mandamus to solemnise the marriage and to direct the respondent to act on Ext.P1 immediately, while contending that the respondent cannot insist on registration of Ext.P2, a lease deed of 11 months, as it is not within the compulsory registration ambit under Section 17(1)(d) of the Registration Act, 1908. The petitioner relied on the law laid down by the Supreme Court in K.B.Saha and Sons Private Limited v. Development Consultant Limited (2008) 8 SCC 564 to argue that registration of Ext.P2 is not mandatory. The court, after examining the record, found that the Addl. Second Respondent was resident in Kerala and that the concerns about visa and arrival dates were unfounded. It held that Ext.P2 is outside the scope of Section 17(1)(d) and that non-registration cannot bar the relief sought. Consequently, the court directed the first respondent to proceed with Ext.P1, subject to statutory requirements, notwithstanding expiry of notice under Section 14 of the Special Marriage Act, and ordered finalisation within one month. The writ petition is disposed of.
Provisions of Law Cited
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioner submitted Ext.P1 under Section 5 of the Special Marriage Act for solemnising the marriage with the Addl. Respondent, a citizen of Australia, and urged that the respondent authority could not insist on registering Ext.P2 (a lease deed) as a precondition since Ext.P2 is for 11 months and not within Section 17(1)(d) of the Registration Act. Reliance was placed on the Supreme Court’s ruling in K.B.Saha and Sons Private Limited v. Development Consultant Limited (2008) to contend that registration is not mandatory for such leases, and non-registration cannot bar relief. The petitioner asserted that Ext.P5 demonstrates identity and residence, and that the respondent’s scrutiny is beyond statutory limits. He prayed for mandamus to proceed with Ext.P1 and to solemnise the marriage, subject to statutory requirements, notwithstanding the expiry of notice under Section 14. The petitioner also sought a declaration that officers have no power to conduct roving enquiries beyond what is prescribed under the Act.
Contentions of Respondents
The respondents argued that Ext.P2 was not satisfactorily proven to be exempt from registration and that identity/residence details required careful verification. They contended that statutory requirements must be satisfied and that the authorities are entitled to scrutinise evidence to ensure compliance with the Act and Registration Act. They asserted the need to adhere to procedural requirements before granting relief and insisted on observing the boundaries of the interplay between the Special Marriage Act and the Registration Act.
Cited Precedents (1)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| K.B.Saha and Sons Private Limited v. Development Consultant Limited | 2008 (8) SCC 564 | Positive | The Apex Court’s ruling that registration is not mandatory for the lease in question is cited to support the petitioner's position that Ext.P2 need not be compulsorily registrable. |
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