MERIN DOMINIC Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking declaration that Ext.P2 marriage registration certificate issued to the petitioner and the 3rd respondent by the Sub Divisional Magistrate, Fort Kochi is a valid marriage certificate issued in accordance with the provisions of Cochin Christian Civil Marriage Act, 1905 [hereinafter called 'the Act, 1905], which confer upon the petitioner and 3rd respondent, legal marital status which is valid and binding for all purpose including for approval of United States Citizenship and Immigration Services Form I 130 [USCIS], Petition For Alien Relative and thereafter for the issuance of immigrant visa to the petitioner herein, and for other related reliefs. Material facts for the disposal of the writ petition are as follows:

(2.) Petitioner herein is a citizen of India and a Roman Catholic Christian by religion. She is residing at Kochi, a place within the jurisdiction and prevalence of Act, 1095. Respondent No.3 is a US citizen with Indian origin having ancestral home at Thevara, Kochi, who is also a Roman Catholic Christian coming within the precincts of Act, 1095. The marriage between the petitioner and the 3rd respondent was solemnized and registered as per Act, 1095 by the Sub Divisional Magistrate, Fort Kochi, viz., the 2nd respondent herein, evident from Ext.P2 certificate issued.

(3.) According to the petitioner, the Special Registrar having charge to solemnize the marriage was absent consequent to transfer, and his office was lying vacant. The absence of the Special Marriage officer was communicated to the Sub Divisional Magistrate, Fort Kochi, as per Ext.P1 letter issued by the Sub Registry Office, Edappally. Thus the Sub Divisional Magistrate, Fort Kochi, who has the power to solemnize and register the marriage as per Sec. 5 of Act, 1095 has solemnized and registered the marriage and thus issued Ext.P2 marriage certificate dated 18.06.2016. The petitioner and the 3rd respondent ever since the solemnization of the marriage started living as husband and wife. Third respondent returned to USA and submitted Ext.P8 form before the United States Citizenship and Immigration Services, dated 15.08.2016. However, as per Ext.P9 letter dated 11.01.2017, the said authority has sought clarification on the validity of the above marriage solemnized and registered under Act, 1095. It is under these circumstances, the petitioner has filed this writ petition seeking to declare that Ext.P2 certificate is a valid marriage certificate to be considered for processing Ext.P8 application. Third respondent is served with Ext.P9 notice by the said U.S. authority, by which it is asked to clarify which of the Marriage Act applies to the marriage by checking the appropriate blank under which the following marriage acts are recognised: