Whether Indian courts should recognize certificate of civil status is issued by Swiss Confederation to prove bride marital status?

 Ext.P5 certificate of civil status is issued by the

Swiss Confederation, to prove the bride marital status,


attested by a notary in terms of Hague Convention,

abolishing the requirement of legalisation for foreign public

documents (Apostille Convention).        India has declared its

accession to above Convention on 05/10/1961.                The

Switzerland has not objected to accession of India as

Contracting State under article 12 of the Convention. Thus,

the Indian Court and the Public Authorities are bound to

recognise such certification of the notaries of the foreign

country.
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                            PRESENT:

                   THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

 Dated:  27TH DAY OF NOVEMBER 2015

                                  WP(C).No. 35928 of 2015 (M)
                                      

            ABDUL MANAF.P.A.,
Vs

        STATE OF KERALA,
           

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Supreme Court: Declaration about marital status can not be declared with out hearing affected person

There was allegation that husband was married to one lady by name Laxmi. No notice issued to said laxmi nor she was made party to proceedings. Any declaration about her marital status vis-a-vis husband is wholly null and void as it will be violative of rules of natural justice.

Supreme Court of India

D.Velusamy vs D.Patchaiammal on 21 October, 2010

Author: M Katju

Bench: Markandey Katju, T.S. Thakur

CRIMINAL APPEAL NOS. 2028-2029__OF 2010

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