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2026 DAILYLAW 8490 (MAD)

S.PRIYA DHARSHINI v. THE DISTRICT REGISTRAR

WP/6354/2026 · 2026-03-02

Abdul Quddhose

Transfer Petitionbody2026

Judgment text

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WP No. 6354 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02-03-2026 CORAM THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE WP No. 6354 of 2026 1. S.Priya Dharshini D/o.Selvaraj No.1/191, Govindhan Sandhu Silaiman Madurai South Taluk Madurai District. Petitioner(s) Vs 1. The District Registrar Salem District, Salem. 2.The Joint-1 Sub Registrar Salem West, Salem. 3.K.Surya Deva S/o.Kannan No.173, Govindhan Sandhu Silaiman Madurai South Taluk Madurai District. Respondent(s) PRAYER Directing the respondents 1 and 2 to cancel the marriage registration certificate bearing marriage Sl.No. TMR/Salem West Joint-1/132/2020 dated 21.08.2020 on the file of the 2nd respondent Sub-Registrar Office as per the Fair and Decreetal Order passed by the learned III-Subordinate Court, Madurai in H.M.O.P.No.115 of 2023 dated 10.08.2023. WP No. 6354 of 2026 For Petitioner(s): S.k.Muthamil Venthan K.Anandraj For Respondent: Mr. U. Baranidharan, Special Government Pleader for R1 and R2 https://www.mhc.tn.gov.in/judis WP No. 6354 of 2026 R3 – Notice dispensed with ORDER This writ petition has been filed to direct the respondents 1 and 2 to cancel the marriage registration certificate dated 21.08.2020, based on the fair and decreetal order passed by the learned III Subordinate Court, Madurai in H.M.O.P.No.115 of 2023 dated 10.08.2023. 2. The petitioner claims that by mutual consent, as per the provisions of Section 13B of the Hindu Marriage Act, the marriage between the petitioner and the third respondent got dissolved by the fair and decreetal order passed by the learned III Subordinate Court, Madurai in H.M.O.P.No.115 of 2023 dated 10.08.2023. According to the petitioner, despite the same, the marriage registration certificate issued earlier has not been cancelled by the respondents 1 and 2. 3. The petitioner had given a representation on 27.01.2026 to the respondents 1 and 2, seeking for cancellation of the marriage registration certificate dated 21.08.2020 in the light of the fair and decreetal order passed by the learned III Subordinate Court, Madurai in H.M.O.P.No.115 of 2023 dated 10.08.2023. Since the said representation has not been considered till date, this writ petition has been filed. https://www.mhc.tn.gov.in/judis WP No. 6354 of 2026 4. Mr. U. Baranidharan, learned Special Government Pleader accepts notice on behalf of the respondents 1 and 2. Since no adverse orders are passed against the third respondent, notice to the third respondent is dispensed with by this Court. 5. On instructions, Mr. U. Baranidharan, learned Special Government Pleader would submit that the respondents 1 and 2 do not have the power to cancel the marriage registration certificate. However, he would submit that if the marriage between the petitioner and the third respondent was legally dissolved, appropriate entries will be made in the records maintained by the second respondent that the marriage between the petitioner and the third respondent has got dissolved. 6. This Court is not expressing any opinion on the merits of the petitioner’s representation dated 27.01.2026 referred to supra. 7. For the foregoing reasons, this Court directs the second respondent to pass final orders on merits and in accordance with law on the petitioner’s representation dated 27.01.2026, seeking for cancellation of the marriage registration certificate dated 21.08.2020 under which the marriage between the petitioner and the third respondent was registered after hearing the objections if any from the third respondent within a period of eight weeks from the date of https://www.mhc.tn.gov.in/judis WP No. 6354 of 2026 receipt of a copy of this order. 8. Accordingly, this writ petition is disposed of. No Costs. 02-03-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No ab To 1.The District Registrar Salem District, Salem. 2.The Joint-1 Sub Registrar Salem West, Salem. https://www.mhc.tn.gov.in/judis WP No. 6354 of 2026 ABDUL QUDDHOSE J. ab WP No. 6354 of 2026 02-03-2026 https://www.mhc.tn.gov.in/judis