Are Government Pleaders Gazetted Officers? Kerala High Court Asks Govt To Clarify

Justice Gopinath P. was considering a writ petition filed by an Indian woman who wanted to marry an American citizen and her application submitted under the Special Marriage Act was rejected, stating that the Government Pleader who attested her document was not a gazetted officer.

“In the light of the controversy that has arisen in this case, I also deem it appropriate to direct the competent authority of the Government of Kerala to come out with a notification or an instruction clarifying as to whether Government Pleaders, Senior Government Pleaders and Special Government Pleaders are Gazetted Officers or not without undue delay and at any rate within a period of one month from the date of receipt of a certified copy of this judgment.”

The petitioner was informed by the Sub-Registrar that only applications attested by a gazetted officer would be accepted under the Special Marriage Act, and it was uncertain whether the Government Pleader qualifies as a gazetted officer. Subsequently, the Inspector General of Registration intimated the petitioner that her application was rejected since the Government Pleader is not a gazetted officer.

The petitioner submitted that she and her fiancé have to return tothe USA and they do not have enough time to submit a fresh application since a minimum notice period of 30 days was required.

The Government Pleader submitted that since they are appointed by a gazette notification, a Government Pleader is also a gazetted officer.

The Court directed the Sub-registrar to consider the petitioner's application as valid to proceed with the registration of her marriage. The Court further directed the petitioner to file a physical copy of the application duly attested by a gazetted officer who is already notified in terms of the notification issued by the State government.

Accordingly, the writ petition was disposed of.

Counsel for Petitioners: Advocates Raghul Sudheesh, Elizabeth Mathew, Ambily T. Venu, Krishnaveni M. Anugraha P, Avani P.S.

Counsel for Respondents: Government Pleader Sunil Kuriakose

Case Number: WP(C) NO. 41623 OF 2024

Case Title: Sheba Sam Benjamin v State of Kerala

Citation: 2024 LiveLaw (Ker) 741