ANJANA W/O MANTHAN TALEKAR AND D/O SURESH KOCHUNNY KUNDOLIversusSTATE OF GUJARAT

   C/SCA/5860/2026                              JUDGMENT DATED: 07/05/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 5860 of 2026


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Sd/-

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          Approved for Reporting               Yes          No
                                                            No
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   ANJANA W/O MANTHAN TALEKAR AND D/O SURESH KOCHUNNY
                         KUNDOLI
                          Versus
                 STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR DA SANKHESARA(5955) for the Petitioner(s) No. 1
MR ADITYA DAVDA AGP for the Respondent(s) No. 1
MR KV GADHIA(319) for the Respondent(s) No. 2
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  CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                           Date : 07/05/2026

                          ORAL JUDGMENT


1. Rule returnable forthwith. Mr.Aditya Davda, learned
AGP waives service of notice of rule for and on behalf of
respondent No.1 and Mr. K.V. Gadhia, learned counsel for
respondent No.2.

2. With the consent of the learned counsel appearing for
the respective parties, the matter is taken up for final
hearing.

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3. Present petition is filed by the petitioner under Article
226 of the Constitution of India r/w the provisions of
Gujarat Public Trust Act seeking below mentioned relief:-

     “14 (A) Your Lordships be pleased to issue a writ of
     mandamus or a writ in the nature of mandamus or any
     other appropriate writ, order or direction, directing the
     respondents to permit the petitioner either to rectify the
     memorandum of marriage or to file a fresh memorandum
     of marriage and consequently direct the respondents to
     issue a fresh marriage certificate reflecting the correct
     date of marriage i.e. 15.12.2025 and further be pleased
     to quash and set aside the communication dated
     24.12.2025 (Annexure A Colly).

     (B) Your Lordships be pleased to direct the respondents
     to cancel the existing marriage certificate dated
     18.3.2024 (Annexure A Colly) and issue a fresh marriage
     certificate reflecting the correct the date of marriage i.e.
     15.12.2025,

     (C) To pass such other and further orders necessary in
     the interest of justice.”

4. The writ applicant herein seeks direction upon the
respondent no.2 - Registrar of Marriages ('Registrar") to
correct the date of marriage in the writ applicant's
marriage        certificate   bearing        no.167MR20240000215
dated 18.03.2024. The writ applicant by way of this writ
application seeking change in the marriage certificate
from 11.03.2024 to 15.12.2025.


5. Mr. Sankhesara, the learned advocate appearing for
the writ applicant stated that the writ applicant is living



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  C/SCA/5860/2026                                   JUDGMENT DATED: 07/05/2026




in Valsad and her marriage was scheduled to take place
on 11.03.2024 with Mr.Manthan Talekar, who is a
permanent residence permit holder of Germany and is
working there as a Simulation and Validation Engineer.
However, due to ill health of husband the marriage was
scheduled in a Temple with a very small number of
relatives attending the marriage. Since, the marriage
ceremony was to be held in a Temple in presence of very
few    relatives,     they    performed         the        ceremonies            of
exchanging garlands, tying mangalsutra and applying
sindhoor, copy of the photographs are duly annexed at
Annexure-C and D of the writ application. However, the
ceremony of "datta homa" and "Saptapadi" (i.e. taking
seven steps around the sacred fire) were not performed.
It was mutually decided by the family members of bride
and groom that after the health of the husband improves
the family would organize another function in a party plot
whereat the ceremony of "datta homa" and "Saptapadi"
would be performed in presence of various relatives and
friends. The said subsequent function was scheduled to
be held on 15.12.2025 whereat the ceremonies of "datta
homa" and "saptapadi" were performed.


6. Mr. Sankhesara, the learned advocate appearing for
the writ applicant has relied on the order passed by the
Co-ordinate         Bench    of   this      Court     in    Special        Civil
Application No.19647 of 2019 by order dated 09.01.2020.


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  C/SCA/5860/2026                         JUDGMENT DATED: 07/05/2026




The Co-ordinate Bench of this Court in paragraph Nos.
13, 14 and 15 has held and observed thus :-
     "[13] In the situation as arisen in the present case, it
     cannot be said that the respondent authority is at fault in
     taking the impugned decision. The respondent No.2 was
     within his power to issue the certificate and was also
     within his power to pass the impugned order dated
     27.09.2019 as there is no provision of law which can
     enable the respondent No.2 to take cognizance of the
     facts prevailing and to entertain an application of the
     petitioner to rectify the marriage certificate. At this
     stage, the Court is bound to invoke Article 226 of the
     Constitution of India to overcome the situation faced by
     the petitioner which prevents the petitioner from co-
     habiting with her husband in Germany.

     [14] The petitioner is left without remedy as on the one
     hand it cannot be said that respondent No.2 has fallen in
     error for invoking writ of mandamus, on the other hand,
     the date of marriage in the marriage certificate does not
     reflect the date of marriage accordingly. This is
     attributable to the factual prevalent circumstances in
     which petitioner has no role to play. It is this situation
     which the Court deems it fit to invoke Article 226 of the
     Constitution of India for remedy a situation.

     [15] In the peculiar facts and circumstances of the case,
     the Court deems it to be a fit case to interfere and direct
     the respondent No.2 to quash and set aside the
     impugned order dated 27.09.2019 and direct the
     respondent No.2 to cancel the certificate of marriage
     No.1727 dated 18.12.2017. At the same time, permitted
     the petitioner to make a fresh application with all the
     necessary details about the ceremonisation of marriage
     on 27.01.2018. The respondent No.2 shall consider such
     application afresh and treat the same to be made in time
     without being influenced by the fact of issuing earlier
     certificate as the same is treated to be cancelled and the
     decision dated 27.09.2019, which is ordered to be
     quashed and set aside and issue fresh certificate of
     marriage."



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7. Mr. Gadhia, the learned advocate appearing for the
respondent No.2 authority submitted that the authority
has not power under the law to do the same. He has
further relied upon reply and submissions made therein.

8. Having heard the learned advocates appearing for the
parties.

9. In the facts and circumstances of the present case, this
Court is inclined to direct the respondent no.2 under
exercising its extraordinary jurisdiction under Article 226
of the Constitution of India to consider the application
which would be preferred by the writ applicant seeking
change       in      the        date   of     marriage       certificate        from
11.03.2024 to 15.12.2025, in absence of any provisions of
law enabling the respondent no.2 to rectify the marriage
certificate. The writ applicant is directed to prefer afresh
application within a period of one week before the
respondent No.2 - authority seeking change in the
memorandum                 of     marriage            from   11.03.2024               to
15.12.2025. Once such an application is preferred by the
writ applicant, the respondent authority is directed to
carry     out        necessary         changes        considering       the      said
application and issued a certificate with the changed date
in the marriage certificate as 15.12.2025 in the marriage
certificate. Consequently, the earlier marriage certificate
would be quashed and set-aside. Once the fresh marriage
certificate is issued, the earlier certificate would stands


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    C/SCA/5860/2026                                                                JUDGMENT DATED: 07/05/2026




cancelled. The said exercise be undertaken by the
respondent no.2 authority preferably within a period of
two weeks.

10. With the aforesaid direction, the present writ
applicant stands allowed to the aforesaid extent. Direct
service, Today is permitted.


                                                                                            Sd/-
                                                                        (HEMANT M. PRACHCHHAK,J)
SURESH SOLANKI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SURESHKUMAR MOTIBHAI SOLANKI(HC00208), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 07/05/2026 17:21:52




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