Case Note & Summary
The petitioner, Blinston Savio Fernandes, filed a Writ Petition under Article 226 of the Constitution of India before the High Court of Bombay at Goa, seeking a Writ of Mandamus directing the Civil cum Sub Registrar, Salcete, Goa, to cancel his marriage certificate dated 3.1.2007. The marriage between the petitioner and the first respondent, Leandra Marie Fernandes, was solemnized on 23.12.2006 and registered under the Portuguese Code of Civil Procedure, 1939. Subsequently, the petitioner filed a Matrimonial Petition under Section 10(1)(i) of the Indian Divorce Act, 1861 before the Family Court, Bangalore, seeking dissolution of the marriage. On 4.1.2022, the Family Court passed a decree dissolving the marriage in terms of a Mediation Report and Memorandum of Settlement under Section 89 of the Code of Civil Procedure, 1908 read with Rules 24 and 25 of the Karnataka Civil Procedure Mediation Rules, 2005. The petitioner then approached the High Court, initially by filing an Application under Article 1101 of the Portuguese Code of Civil Procedure, 1939 to review and confirm the decree. The Learned Single Judge granted leave to amend the petition into a Writ Petition under Article 226, adding the Sub Registrar as a respondent. The core legal issue was whether a Writ of Mandamus could be issued to compel the Registrar to cancel the marriage certificate. The court held that a writ of mandamus lies only to enforce a statutory duty, and no provision under the Portuguese Code of Civil Procedure, 1939 or any other law imposes a duty on the Registrar to cancel a marriage certificate upon dissolution of marriage. The marriage certificate is merely a record of the fact of marriage, and its cancellation is not a necessary consequence of divorce. The court also noted that the petitioner had an alternative remedy by way of a civil suit for cancellation of the certificate. Accordingly, the court dismissed the writ petition, finding no merit. The judgment was delivered by a Division Bench comprising Valmiki Menezes and Amit S. Jamsandekar, JJ., with the opinion authored by Amit S. Jamsandekar, J.
Headnote
A) Constitutional Law - Writ of Mandamus - Statutory Duty - A writ of mandamus can only be issued to compel performance of a statutory duty, not to create a new duty. The petitioner sought cancellation of a marriage certificate by mandamus, but no provision under the Portuguese Code of Civil Procedure, 1939 or any other law imposes a duty on the Registrar to cancel a marriage certificate upon dissolution of marriage. (Paras 1-21) B) Family Law - Marriage Certificate - Cancellation - The marriage certificate is a record of the fact of marriage, and its cancellation is not a necessary consequence of divorce. The decree of divorce dissolves the marriage but does not automatically require cancellation of the certificate. (Paras 3-21) C) Civil Procedure - Mediation Settlement - Decree under Section 89 CPC - The Family Court passed a decree dissolving the marriage based on a mediation settlement under Section 89 CPC. The decree is valid and binding, but it does not create a duty on the Registrar to cancel the marriage certificate. (Paras 3-21)
Issue of Consideration
Whether a Writ of Mandamus can be issued directing the Sub Registrar to cancel a marriage certificate based on a divorce decree, in the absence of a statutory duty to do so.
Final Decision
The High Court dismissed the Writ Petition, holding that no Writ of Mandamus can be issued as there is no statutory duty on the Registrar to cancel the marriage certificate. The court also noted that the petitioner has an alternative remedy by way of a civil suit.
Law Points
- Writ of Mandamus
- Statutory Duty
- Cancellation of Marriage Certificate
- Portuguese Code of Civil Procedure
- 1939
- Indian Divorce Act
- 1861
- Code of Civil Procedure
- 1908
- Section 89 CPC
- Karnataka Civil Procedure Mediation Rules
- 2005
- Article 226 Constitution of India
