Vipin John and Ancy Baby v. The Manjapara Grama Panchayath, Manjapara, Ernakulam District and The Secretary, Manjapara Grama Panchayath, Ernakulam District

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **TUESDAY, THE 7[TH] DAY OF SEPTEMBER 2021 / 16TH BHADRA, 1943** **WP(C) NO. 17946 OF 2021** ## **PETITIONERS:** **1 VIPIN JOHN AGED 31 YEARS, S/O. JOHNY M.V., MOONJELY HOUSE, NADAMURY MANJAPARA P.O., ERNAKULAM, PIN CODE-683 581. NOW RESIDING AT SUN CITY APARTMENTS NO.II 38 TRIQ IL – MARSA, IL – MARSA, MALTA, AUTHORIZED AND REPRESENTED BY MOTHER OF THE IST PETITIONER, MRS. ANNIE JOHN, AGED 61 YEARS, W/O. JOHN M.V., MOONJELY HOUSE, MANJAPARA P.O., NADAMURY, ERNAKULAM-683 581.** **2 ANCY BABY AGED 30 YEARS, W/O. VIPIN JOHN, MOONJELY HOUSE, NADAMURY MANJAPARA P.O., ERNAKULAM, PIN CODE-683 581. NOW RESIDING AT SUN CITY APARTMENTS NO.II 38 TRIQ IL – MARSA, IL – MARSA, MALTA, AUTHORIZED AND REPRESENTED BY MOTHER IN LAW OF THE 2ND PETITIONER, MRS. ANNIE JOHN, AGED 61 YEARS, W/O. JOHN M.V., MOONJELY HOUSE, MANJAPARA P.O., NADAMURY, ERNAKULAM-683 581.** **BY ADVS. P.M.ARUN DAS BIBIN VARGHESE** ## **RESPONDENTS:** - **1 THE MANJAPARA GRAMA PANCHAYATH MANJAPARA, ERNAKULAM DISTRICT, PIN-683 581 REPRESENTED BY PANCHAYATH SECRETARY.** - **2 ADDL R2: THE SECRETARY MANJAPARA GRAMA PANCHAYATH MANJAPARA, ERNAKULAM DISTRICT, PIN-683 581** **(IS IMPLEADED AS PER ORDER DATED 07.09.2021 IN I.A.NO.1/2021)** **SRI.V.P.POULOSE, SC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON** **07.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C) NO. 17946 OF 2021** **2** ## **JUDGMENT** This writ petition is filed seeking the following prayer: _“(i) Issue a writ of mandamus commanding the respondent Grama Panchayath to accept the memorandum for registration of marriage submitted by the petitioners in their absence and allow the petitioners to be present in the respondent office through video conference and accept it as a presence for registration of marriage, and to issue the certificate of marriage to the petitioners through their authorized legal representatives.”_ 2. The Registry had raised a preliminary objection with regard to the writ petition, since a power of attorney of the petitioners had not been produced. I am of the view that there is substance in the objection raised. However, in view of the special circumstances prevalent globally due to the pandemic and the submissions of the learned counsel for the petitioners, the said objection of the Registry was overruled and the writ petition was directed to be sent up for admission. 3. Heard the learned counsel for the petitioners and the learned counsel appearing for the Panchayath. 4. It is submitted by the learned counsel for the petitioner that the petitioners, who are represented by the mother of the 1[st] petitioner on the strength of authorization, were married in a ceremony conducted at the Holy Cross Forane Church, Manjapra on 29.07.2019. It is submitted **WP(C) NO. 17946 OF 2021** **3** that Ext.P1 is the certificate issued by the Church and Ext.P2 are the photographs evidencing such marriage. Thereafter, the petitioners had to leave for Malta where they were employed. The petitioners are now residing in Malta and are in urgent need of a Marriage Certificate to be issued by the respondents for the purpose of obtaining a VISA for their child, who was born on 13.06.2021. It is submitted that an application for registration of their marriage was submitted before the respondents. However, the same is not being considered for want of proper authentication of the application and in view of the fact that the petitioners are unable to appear before the respondents for registering the marriage. 5. The learned counsel for the petitioners submits that Ext.P5 authorization has been issued by the petitioners in favour of the parents of the 1[st] petitioner to enable them to represent the petitioners in all matters including for the registration of their marriage. It is submitted that they were unable to obtain a power of attorney only because the embassy at Malta was not functioning. 6. The learned counsel for the petitioners places reliance on the decisions of this Court in **Pradeep Kodiveedu Cletus and another v.** **WP(C) NO. 17946 OF 2021** **4** **Local Registrar of Marriages (Common), Kollam and others [2018 (1) KHC 280]** and **Mathew T.K. v. Secretary Registrar of Marriages, Alappuzha and another [2020 (4) KHC 456]** . It is submitted that in view of the fact that the petitioners are unable to be present in person, their marriage which was already been solemnized in accordance with religious rituals may be permitted to be registered by procuring their attendance through video conferencing. 7. This Court in **Pradeep Kodiveedu Cletus and another** (cited supra) has considered the provisions of the Kerala Registration of Marriages (Common) Rules, 2008 and had held that the Rule provides that the registration of marriage can be effected in case the Local Registrar is convinced with regard to the solemnization of the marriage in due form. Rule 11 was interpreted and this Court held that in view of the prior decisions of this Court as well as the Apex Court, the provisions of Rule 11 can be construed to mean that the marriage which is already been solemnized can be registered even if the parties to the marriage are unable to be physically present before the Local Marriage Officer for the purpose of registration of the marriage. It is therefore held that the marriage can be registered in case the Local Registrar is convinced that **WP(C) NO. 17946 OF 2021** **5** the application of the petitioners was one preferred with their knowledge by verifying the same by video conferencing and that the authorized signatories can be permitted to sign the register. 8. In the facts and circumstances of the instant case and in view of the extreme urgency of the situation as pointed out by the petitioners in the writ petition and in view of the restrictions in force due to the Covid 19 pandemic, I am of the opinion that extra ordinary steps are liable to be taken in the instant case. Since the petitioners require a passport Visa for the child born to them on 13.6.2021, the marriage of the parties requires to be registered without delay. 9. In the above circumstances, the application for registration of the marriage of the petitioners shall be treated as one submitted within time. The parents of the 1[st] petitioner who have been authorised by the petitioners shall appear before the 2[nd] respondent on 14.9.2021 with a copy of the application made by the petitioners for registration of the marriage under the common rules. They shall make all necessary payment of fees to the 2[nd] respondent. They shall also make available all facilities for appearance of the parties to the marriage through video conferencing. The application preferred by the petitioners, the identity **WP(C) NO. 17946 OF 2021** **6** of the petitioners and the persons appearing on their behalf shall be duly verified by the 2[nd] respondent. Thereafter, the 2[nd] respondent shall secure the attendance of the parties to the marriage through video conferencing and shall verify that the application for registration of marriage is one made with the knowledge of the parties to the marriage. On being so satisfied, the 2[nd] respondent shall permit the parents of the 1[st] petitioner to sign the marriage register on behalf of the petitioners and the marriage certificate shall be duly issued to the parents of the 1[st] petitioner. However, it is made clear that the directions are issued considering the travel restrictions and the extreme urgency of the matter. The parents of the 1[st] petitioner shall give an undertaking before the 2[nd] respondent that the petitioners shall submit due Power of Attorneys and affidavits and shall also appear before the 2[nd] respondent within ten months from the date of registration of the marriage. Necessary Ex post facto permission from the Registrar General for permission to register the marriage after the time provided in the Rules shall also be obtained and produced before the 2[nd] respondent by the petitioners or their authorised representatives as soon as possible and within the ten **WP(C) NO. 17946 OF 2021** **7** months as stated above, without fail. This writ petition is ordered accordingly. **Sd/-** **ANU SIVARAMAN JUDGE** NP **WP(C) NO. 17946 OF 2021** **8** ## **APPENDIX OF WP(C) 17946/2021** ## **PETITIONER'S/S EXHIBITS:** **Exhibit P1 THE TRUE COPY OF THE CERTIFICATE OF MARRIAGE ISSUED BY THE HOLY CROSS FORANE CHURCH, MANJAPRA DATED 5.8.2019.** **Exhibit P2 THE PHOTOS OF THE MARRIAGE FINCTION OF THE PETITIONERS AND WITH FAMILY MEMBERS.** **Exhibit P3 THE TRUE COPY OF THE FIRST AND LAST PAGE OF THE PASSPORT OF THE PETITIONERS.** **Exhibit P4 THE TRUE COPY OF THE MEMORANDUM FOR REGISTRATION OF MARRIAGE FILED BY THE PETITIONERS BEFORE THE MANJAPRA GRAMA PANCHAYATH.** **Exhibit P5 THE ACKNOWLEDGEMENT GIVEN BY THE PETITIONERS TO THEIR PARENTS TO SIGN IN THE AFFIDAVITS AND TO PRODUCE DOCUMENTS ON BEHALF OF PETITIONERS. Exhibit P6 THE TRUE COPY OF THE CERTIFICATES PRODUCED WITH THE MEMORANDUM FOR REGISTRATION OF MARRIAGE BY THE PETITIONERS BEFORE THE RESPONDENT OFFICE. Exhibit P7 THE TRUE COPY OF THE CASH RECEIPT REMITTED FOR THE REGISTRATION OF MARRIAGE OF THE PETITIONERS AT THE OFFICE OF THE RESPONDENT.** **RESPONDENT'S/S EXHIBITS: NIL**