SEKAR REPORTER

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Special marriage actTHE HON’BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD) No.11345 of 2018. Kalatheeswaran … Petitioner -vs- 1. The District Registrar, Department of Registration, Karaikudi,

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[5/10, 14:26] Sekarreporter1: W.P.(MD) No.11345 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved on : 27.11.2020
Pronounced on : 23.12.2020
CORAM
THE HON’BLE MR.JUSTICE S.VAIDYANATHAN
W.P.(MD) No.11345 of 2018.
Kalatheeswaran … Petitioner
-vs-
1. The District Registrar,
Department of Registration,
Karaikudi,
Sivagangai District.
2. The Sub Registrar,
Department of Registration,
Chensai, Karaikudi Joint – II,
Sivagangai District. … Respondents
Prayer: Petition filed under Article 226 of the Constitution of India, praying
for the issuance of a Writ of Mandamus, directing the respondents to receive
the petitioner marriage registration application and register the petitioner
marriage with Parimala Devi, daughter of Ganesan, Sura Nagar, Verugal
Mugathuvaram, Mavadichenai, Tiruconamalai, Sri Langa under Section 15
of the Special Marriage Act, 1954.
For Petitioner : Mr.P.Muthusamy
For Respondents : Mr.K.Sathiya Singh
Additional Government Pleader
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[5/10, 14:27] Sekarreporter1: W.P.(MD) No.11345 of 2018
hands with the petitioner. Merely because the wife of the petitioner is a Sri
Lankan, it cannot be said that there is no valid marriage and therefore, their
marriage cannot be registered under the Special Marriage Act, 1954, in the
absence of any such stipulation.

11. In the result, the Writ Petition is allowed. The second respondent
is directed to thoroughly scrutinize the documents submitted by the
petitioner along with the application and register the marriage of the
petitioner. The Inspector General of Registration, Chennai is directed to
send a circular to all the Marriage Registering Authorities about the steps /
procedures to be taken for registration of such marriages without making
the couples to run from pillar to post for registration of their marriages,
without applying their mind, as the Officials should not burden the Courts
in deciding such type of matters, when statute has given them power to take
a decision in one way or the other and they are expected to apply their mind
and act in accordance with law and in case they have any legal hurdles to do
their statutory duties, then they can demand orders from Courts, but not in
all cases. No costs.
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