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Mohandas vs Pallikkunnu Grama Panchayath Pallikunnu P.O

High Court Of Kerala|25 November, 2014
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JUDGMENT / ORDER

The case of the petitioner is that, his daughter Sreyadas while studying at the Institute of Fashion Designing was misled by the fifth respondent into accompanying him to the office of the second respondent where she was made to sign certain documents. Later one of the relatives saw a photograph of the 5th respondent and his daughter in the Face Book and informed the said fact to him. The petitioner thereafter obtained information under Right to Information Act, 2005 which is Exhibit P1. Thereupon, he came to know that the marriage of his daughter had been registered with the second respondent. The petitioner has thereafter submitted Exhibit P7 application seeking cancellation of the Certificate of registration of marriage dated 25.11.2013 issued by the first respondent Panchayat. The petitioner complains that W.P.(C) No.31498 of 2014-J -:2:- his application has not been considered. His daughter had submitted Exhibit P9 to the first respondent, on which also, no action has been taken.
It is clear from the submissions by the petitioner that, a marriage has been registered under the provisions of law. The same can only be cancelled by the appropriate Court, in this case, the Family Court having jurisdiction over the area. It may be true that the petitioner's daughter was misled by the 5th respondent. That would certainly entitle the petitioner's daughter to seek the annulment of the marriage. However, until the marriage is so annulled, the prayer of the petitioner cannot be allowed.
For the above reasons, this writ petition is dismissed, but without prejudice to the rights of the petitioner and his daughter to seek for annulment of the marriage by instituting appropriate proceedings.
Sd/- K.SURENDRA MOHAN, JUDGE kkj
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Title

Mohandas vs Pallikkunnu Grama Panchayath Pallikunnu P.O

Court

High Court Of Kerala

JudgmentDate
25 November, 2014
Judges
  • K Surendra Mohan
Advocates
  • Sri
  • P K Sajeev