NISHAMUDHEEN Vs. MARRIAGE OFFICER/SUB REGISTRAR

JUDGEMENT

(1.) W.P.(C) No.31260/2017 has been filed by the petitioner challenging Exhibit P4 by which a notice of intended marriage had been rejected by the Marriage Officer/Sub Registrar, Mullassery, on the ground that the notice of marriage was signed only by the petitioner, whereas as per Section 5 of the Special Marriage Act, 1954, it has to be signed by both the parties. Further, it is stated that as per Section 5 of the Act, either of the parties ought to have resided within the jurisdiction of Marriage Officer at least 30 days prior to the notice, whereas in the notice it is stated that the girl is presently residing in a hostel. Learned counsel for the petitioner submits that the notice was given as early as on 24.08.2017 and when an enquiry was made the Marriage Officer did not raise any objection as such. However, after a considerable long period, the application has been rejected without even giving an opportunity to cure the defects. It is submitted that the petitioner as well as the girl is residing within the jurisdiction of Sub Registrar Office, Mullassery. Under such circumstances, Exhibit P4 is invalid. Learned Government Pleader appears for respondents 1 and 2.

(2.) W.P.(C) No.31293/2017 has been filed by father of Haritha, the girl who intends to marry the third respondent. It is submitted that when notice of marriage had been given, he had submitted an objection which is not considered and as per the statutory provisions, the Marriage Registrar is bound to consider such objections and conduct an enquiry and thereafter take a decision. Unless such a decision is taken, the parties shall not be permitted to contract the marriage. Exhibit P10 is the objection filed by the petitioner. The learned Government Pleader appears for respondents 1 and 2 and third respondent is represented by the counsel.

(3.) In fact, the primary dispute in this case had arisen out of proceedings in a habeas corpus petition filed by the father of the girl, who is the petitioner in W.P.(C) No.31293/2017. By order dated 23.08.2017 we have issued the following directions: