High Court of KeralaSingle Judge2021-09-10Disposed of with directions; petitioners to fil...

Robin Koshy Joykutty and Augustine T. R. v. Local Registrar of Marriages (Common) and Ors.

Case / Petition Number:WP(C) NO. 15327 OF 2021

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Anu Sivaraman
Judgment Date: 2021-09-10
Court Decision / Holding: This writ petition is disposed of with directions. Petitioners shall submit an online application signed by the 1st petitioner and the 2nd petitioner on behalf of the wife of the 1st petitioner. A delay condonation application shall also be filed in terms of Rule 10 of the Kerala Registration of Marriages (Common) Rules, 2008. Proof of date of birth and address of both the parties shall be filed along with the application. Ext.P1 as well as the ID proof of the witnesses and a declaration in Form 2 shall also be uploaded. If such formalities are complied with, the respondents shall permit the registration of the marriage between the 1st petitioner and daughter of the 2nd petitioner by securing the appearance of the 2nd petitioner’s daughter by video conferencing. The 2nd petitioner shall be permitted to sign the register on her behalf, with a letter of authorization produced. When the wife returns to India, she will appear before the 1st respondent and sign the register in person. The procedure shall be completed within three weeks from the date of receipt of a copy of this judgment.
Final Disposition: Disposed of with directions; petitioners to file online application and complete specified steps; registration to be completed within three weeks upon compliance.

Parties to the Case

Appellants / Petitioners

Robin Koshy Joykutty
Augustine T. R.

Respondents

The Local Registrar of Marriages(Common) (The Registrar of Birth and Deaths), EZHUPUNNA GRAMA PANCHAYATH, ERAMALLOOR P. O., ALAPPUZHA DISTRICT, KERALA - 688 537
EZHUPUNNA GRAMA PANCHAYATH represented by its Secretary, ERAMALLOOR P. O., ALAPPUZHA DISTRICT, KERALA - 688 537
THE SECRETARY EZHUPUNNA GRAMA PANCHAYATH, ERAMALLOOR P. O., ALAPPUZHA DISTRICT, KERALA - 688 537

Legal Representation & Advocates

Counsels for Petitioners

• T. H. Abdul Aziz
• K. P. Majed Mohammed Sadique
• T. A. Shankar V.

Counsels for Respondents

• P. Santhosh Kumar (Panampalli Nagar)
• K. P. Chandrasekhar

Case Synopsis & Summary

This writ petition challenges the delay and conditions for registering a marriage celebrated on 07.04.2018 between the first petitioner and the daughter of the second petitioner. The wife is presently in Canada for studies and employment, and travel restrictions arising from the Covid-19 pandemic prevent her personal attendance for the standard registration. The petition relies on Ext.P1 (Certificate from the Indian National Apostolic Diocese) and seeks registration through Kerala Registration of Marriages (Common) Rules, 2008 by permitting the appearance of the wife via video conferencing. The respondents contend that no formal online application has been received and that the process requires an online form signed by both parties plus identity proof and a delay-condonation. The court cites Mathew TK and Pardeep Kodiveedu Cletus and other decisions that allow alternative modalities in light of the pandemic. It directs the petitioners to file online applications signed by the 1st petitioner and the 2nd petitioner on behalf of the wife, obtain delay-condonation under Rule 10, upload Ext.P1, ID proofs, and Form 2 declaration, and arrange for a video conferencing appearance of the wife. If complied, the marriage may be registered by the 1st respondent within three weeks; the wife will sign in person on return.

Provisions of Law Cited

Rule 10 of the Kerala Registration of Marriages (Common) Rules, 2008Kerala Registration of Marriages (Common) Rules, 2008

Submissions & Arguments

Contentions of Appellants / Petitioners

Applicants submit that the marriage of the first petitioner with the daughter of the second petitioner was solemnized on 07.04.2018 and Ext.P1 evidences the marriage. With the wife in Canada for studies and work, travel restrictions due to Covid impede in-person registration. They seek registration by Kerala Registration of Marriages (Common) Rules, 2008 via video conferencing, with the first petitioner and the second petitioner signing on behalf of the wife and the wife’s attendance to be secured by video conferencing. Reliance is placed on Pardeep Kodiveedu Cletus and Anr. and Mathew T.K. and other precedents allowing remote modalities in pandemic conditions.

Contentions of Respondents

Respondents contend that no formal online application has been received. If an application is submitted online, it must be signed by both parties with delay-condonation under Rule 10 and accompanied by proof of identity, address and date of birth. They emphasize compliance with online formalities and documents before granting registration.

Cited Precedents (6)

Case Name	Citation	Treatment	Explanation
Pardeep Kodiveedu Cletus and Anr. v. Local Registrar of Marriages (Common) and Ors.	2018 (1) KLT 292	Positive	Court relied on it to permit video conferencing and online registration in similar circumstances.
Mathew T.K. v. Secretary and Registrar of Marriages, Alappuzha and Another	2020 (4) KHC 456	Positive	Cited as authority for directions in similar Covid-era registration matters.
Pardeep Kodiveedu Cletus and Anr. v. Local Registrar of Marriages (Common) and Ors.	W.P.(C) NO.37100 OF 2017	Positive	Exhibit P7 shows the same precedent; followed.
T. K. Mathew v. Secretary and Registrar of Marriages and Anr.	W.P.(C) NO.12762 OF 2020	Positive	Exhibit P8; cited as supportive authority.
Sreelakshmi J. S. v. Kadukutty Grama Panchayath and Ors.	W.P.(C) NO.27387 OF 2020	Positive	Exhibit P9; used as supportive precedent.
Sebastian Thomas v. Secretary, Local Self Government Department and Ors.	W.P.(C) NO.9978 OF 2021	Positive	Exhibit P10; relied upon for similar relief.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN FRIDAY, THE 10[TH] DAY OF SEPTEMBER 2021 / 19TH BHADRA, 1943** **WP(C) NO. 15327 OF 2021** ## **PETITIONERS:** 1 ROBIN KOSHY JOYKUTTY AGED 29 YEARS S/O. VELLOOPARAMPIL KOSHY JOYKUTTY, THADATHIL VILAYIL HOUSE, THUMPAMON, KEERUKUZHI P. O., PATHANAMTHITTA DISTRICT, KERALA - 689 502. 2 AUGUSTINE T. R. S/O. RAPHAEL, THOTTANKARA, AROOR P. O., ALAPPUZHA DISTRICT, KERALA - 688 534. BY ADVS. T.H.ABDUL AZEEZ K.P.MAJEED MOHAMMED SADIQUE.T.A SHANKAR V. ## **RESPONDENTS:** 1 THE LOCAL REGISTRAR OF MARRIAGES(COMMON) (THE REGISTRAR OF BIRTH AND DEATHS), EZHUPUNNA GRAMA PANCHAYATH, ERAMALLOOR P. O., ALAPPUZHA DISTRICT, KERALA - 688 537. 2 EZHUPUNNA GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, ERAMALLOOR P. O., ALAPPUZHA DISTRICT, KERALA - 688 537. 3 THE SECRETARY EZHUPUNNA GRAMA PANCHAYATH, ERAMALLOOR P. O., ALAPPUZHA DISTRICT, KERALA - 688 537. BY ADVS. P.SANTHOSH KUMAR (PANAMPALLI NAGAR) K.P.CHANDRASEKHAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **WP(C) NO. 15327 OF 2021** **2** ## **JUDGMENT** This writ petition is filed seeking the following relief:- “ _Issue a Writ of Mandamus or any other appropriate Writ or Order or direction commanding the 1[st] respondent to register the marriage between the 1[st] petitioner and his wife, Mrs.Simmi Augustine (daughter of the 2[nd] petitioner) without insisting for her personal appearance and signature and to issue the marriage certificate at the earliest by effecting the marriage registration through video conference.”_ 2. Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondents. 3. It is submitted that the marriage between the 1[st] petitioner and the daughter of the 2[nd] petitioner was solemnized on 07.04.2018 and Ext.P1 is the certificate issued by the Indian National Apostolic Diocese in evidence of the said marriage. It is submitted that the wife of the 1[st] petitioner had to travel to Canada to pursue higher studies and that she has obtained employment at Canada. It is submitted that in order to facilitate the travel of the 1[st] petitioner to join his wife, necessary endorsements have to be made in their passports and a registration of the marriage has therefore become necessary. It is submitted that due to the Covid restrictions, **WP(C) NO. 15327 OF 2021** **3** there is no possibility of the 1[st] petitioner's wife travelling to Kerala to complete the registration formalities. It is submitted that in the above circumstances and in view of the judgment of this Court in _**Pardeep Kodiveedu Cletus and Anr. v. Local Refistrar of Marriages (Common) and Ors., 2018 (1) KLT 292,**_ the registration of the marriage in accordance with the Kerala Registration of Marriages (Common) Rules, 2008 may be permitted to be conducted by obtaining the appearance of the 1[st] petitioner's wife through video conferencing. The learned counsel for the petitioners contends that an application for registration has been made by Ext.P3. However, the same is not likely to be considered, in view of the fact that the 1[st] petitioner's wife is not available in the country. 4. It is submitted by the learned counsel for the respondents that no formal application for registration to the marriage has been received by the 1[st] respondent and that if such an application is duly received, appropriate steps for registration to marriage shall be taken. It is submitted that an application has to be submitted online, signed by both parties **WP(C) NO. 15327 OF 2021** **4** and a delay condonation application and the proof of identity, address and date of birth of the parties to the marriages have also to be produced. 5. It is submitted by the learned counsel for the petitioners that in view of the fact that the 1[st] petitioner's wife is not available in the country, the applications may be permitted to be duly signed by the 1[st] petitioner and the 2[nd] petitioner as the authorised representative of the wife and that the marriage should be registered after securing the attendance of the wife of the 1[st] petitioner through video conferencing and ascertaining that she has consented to the submission of the application for registration. 6. Having considered the contentions advanced and in view of the directions issued by this Court in _**Mathew T.K. v. Secretary and Registrar of Marriages, Alappuzha and Another 2020 (4) KHC 456**_ and in several other similar cases, this writ petition is disposed of with the following directions:- Petitioners shall submit an online application signed by the 1[st] petitioner and the 2[nd] petitioner on behalf of the wife of **WP(C) NO. 15327 OF 2021** **5** the 1[st] petitioner. A delay condonation application shall also be filed in terms of Rule 10 of the Kerala Registration of Marriages (Common) Rules, 2008. Proof of date of birth and address of both the parties to the marriage shall be filed along with the application. Ext.P1 as well as the ID proof of the witnesses and a declaration in Form 2 shall also be uploaded. If such formalities are complied with by the petitioners, the respondents shall permit the registration of the marriage between the 1[st] petitioner and daughter of the 2[nd] petitioner by securing the appearance of the 2[nd] petitioner’s daughter by video conferencing. The petitioners shall appear before the 1[st] respondent and shall make available all necessary arrangements for the video conferencing and for securing the attendance of his wife by video conferencing before the 1[st] respondent, who shall proceed to register the marriage in accordance with law. The 2[nd] petitioner shall be permitted to sign the marriage register for and on behalf of his daughter. Letter of authorization issued by the daughter of the 2[nd] petitioner shall be produced by the 2[nd] petitioner to enable him **WP(C) NO. 15327 OF 2021** **6** to sign the register on her behalf. The marriage certificate shall also be duly issued to the parties. Once the wife of the 2[nd] petitioner returns to India, she will appear before the 1[st] respondent and sign the register in person. The procedure for the registration of the marriage as directed above shall be completed within three weeks from the date of receipt of a copy of this judgment. This writ petition is ordered accordingly. **Sd/-** **ANU SIVARAMAN** **JUDGE** SVP **WP(C) NO. 15327 OF 2021** **7** ## **APPENDIX OF WP(C) 15327/2021** PETITIONER EXHIBITS |Exhibit P1|TRUE COPY OF THE MARRIAGE CERTIFICATE| |---|---| ||ISSUED BY THE INDIAN NATIONAL APOSTOLIC| ||DIOCESE - KERALA (INA DIOCESE) TO THE 1ST| ||PETITIONER AND HIS WIFE.| |Exhibit P2|TRUE COPY OF THE RESIDENCE VISA ISSUED BY| ||THE AUTHORITIES IN THE UNITED ARAB| ||EMIRATES TO THE 1ST PETITIONER.| |Exhibit P3|TRUE COPY OF THE ONLINE APPLICATION FORM| ||FOR REGISTRATION OF MARRIAGE SUBMITTED BY| ||THE 1ST PETITIONER AND HIS WIFE.| |Exhibit P4|TRUE COPY OF THE CERTIFICATE ISSUED BY THE| ||AUTHORITIES AT THE CONESTOGA COLLEGE| ||INSTITUTE OF TECHNOLOGY AND ADVANCED| ||LEARNING ONTARIO, CANADA TO THE WIFE OF| ||THE 1ST PETITIONER DATED 20.05.2021| ||HIGHLIGHTING HER SUCCESSFUL COMPLETION OF| ||HER ACADEMIC COURSES.| |Exhibit P5|TRUE COPY OF THE OFFER LETTER ISSUED TO| ||THE WIFE OF THE 1ST PETITIONER DATED| ||23.04.2021 BY M/S INOVATA FOODS,| ||TILLSONBURG, CANADA, DULY ACCEPTED BY HER.| |Exhibit P6|TRUE COPY OF THE AUTHORISATION /| ||PERMISSION FROM THE IMMIGRATION| ||AUTHORITEIS OF THE GOVERNMENT OF CANADA| ||GIVEN TO THE WIFE OF THE 1ST PETITIONER| ||DATED 20.05.2021.| |Exhibit P7|TRUE COPY OF THE JUDGMENT IN W.P.(C)| ||NO.37100 OF 2017 IN PARDEEP KODIVEEDU| ||CLETUS AND ANR. V. LOCAL REGISTRAR OF| ||MARRIAGES (COMMON) AND ORS.| |Exhibit P8|TRUE COPY OF THE JUDGMENT DATED 30.06.2020| ||IN W.P.(C) NO.12762 OF 2020 - T. K. MATHEW| ||V. SECRETARY AND REGISTRAR OF MARRIAGE AND| ||ANR.| ## **WP(C) NO. 15327 OF 2021** ## **8** Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 21.12.2020 IN W.P.(C) NO.27387 OF 2020 - SREELAKSHMI J. S. V. THE KADUKUTTY GRAMA PANCHAYATH AND ORS. Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 04.05.2021 IN W.P.(C) NO.9978 OF 2021 - SEBASTIAN THOMAS V. SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT AND ORS. Exhibit P11 TRUE COPY OF THE MEMORANDUM FOR REGISTRATION OF MARRIAGE IN ANNEXURE 43, FORM NO.1 SUBMITTED BEFORE THE RESPONDENT NO.1. Exhibit P12 TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT ISSUED BY THE OFFICE OF THE SECOND RESPONDENT THROUGH ONLINE DATED 09/09/2021 ACKNOWLEDGING THE PAYMENT OF FEES FOR HAVING MADE EXHIBIT P11.