Kerala High Court Directs Respondent to Solemnize Marriage Based on Divorce Decree

Case Title : Arun A. v. Marriage Officer

Bench : P.V.KUNHIKRISHNAN JUDGE

Date : 7TH DAY OF JULY 2023 

Facts:

1. The petitioner was an Indian citizen who is now a British citizen.
2. The petitioner got married to Anjana in 2011 but filed for divorce in the HM Courts and Tribunal Services in the UK.
3. The divorce decree was granted on November 30, 2022 (Ext.P8).
4. The petitioner submitted a notice of intended marriage under the Special Marriage Act, 1954 (Ext.P10) but the respondent did not act upon it.
5. The petitioner sent a legal notice (Ext.P11), but there was no response.

Judgement:

1. The petitioner requested the court to issue a writ of mandamus or any other appropriate writ, order, or direction to the respondent to solemnise the marriage by accepting Ext.P10 notice immediately under the Special Marriage Act.
2. The petitioner also sought a declaration that the respondent is duty bound to accept Ext.P8 and allow the petitioner to register the marriage under the Special Marriage Act.
3. The court granted the requested relief and directed the respondent to solemnise the marriage based on Ext.P10 notice, taking note of Ext.P8 divorce decree.
4. The court dispensed with the production of filing translation of vernacular documents.
5. The court referred to a previous judgement (Ext.P14) related to the recognition of foreign judgments in matrimonial disputes.
6. The court stated that a foreign matrimonial judgement can be recognized in India if the jurisdiction assumed by the foreign court and the grounds on which relief is granted are in accordance with the matrimonial law under which the parties are married.
7. The court concluded that the petitioner and his divorced wife voluntarily and effectively submitted to the jurisdiction of the UAE Personal Status Court and consented to the grant of divorce, and thus, the divorce certificate (Ext.P4) should be recognized.
8. The court allowed the writ petition, quashed Ext.P5 communication, and directed the respondent to solemnise the marriage based on Ext.P10 notice under the Special Marriage Act.

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WRITTEN BY – ANVITHA RAO