The first petitioner married Abu @ Sabu, S/o. Shamsuddin. This marriage was in accordance with the personal law applicable to the parties. Thereafter, the first petitioner was divorced by the above said Abu @ Sabu. The petitioner relies on Exts.P1 and P2. The first petitioner now wants to marry the second petitioner in accordance with the Special Marriage Act. The first respondent refused to receive notice on the ground that the petitioners failed to produce valid divorce notice from the Court to register the marriage under the Special Marriage Act. Accordingly, the petitioners have approached this Court.
Admittedly, the first petitioner belongs to Muslim and she married with Abu @ Sabu as per the personal law. As W.P.(C) No.34865 of 2014 2 per the personal law that would apply to the first petitioner, the divorce can be effected without intervention of the Court. Therefore, only genuineness of the claim based on Exts.P1 and P2 alone need to be satisfied by the authority for registering the marriage under the Special Marriage Act. Thus, there shall be a direction to the first respondent to receive notice and conduct necessary enquiry whether the first petitioner has already been legally divorced by Abu @ Sabu. Based on that and on being satisfied with the genuineness of the claim of the first petitioner, necessarily, the registration shall be done in accordance with the Special Marriage Act.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ln