ORDER : The petitioners seeks writ of mandamus declaring the inaction of the respondents 5 and 6 in considering the application of the petitioner dated 26.10.2021 for correction of date of marriage of her son which is wrongly mentioned as 03.10.2015 instead of 09.10.2011 as illegal, arbitrary and for a consequential direction. 2. Petitioner’s case briefly is thus: (a) Petitioner’s son T. Vinod Kumar married Sumitha on 09.10.2011 at Anand Gardens, Nellore. Ever since their marriage they have been living happily and begot two children and they are now residing in Germany on their employment. (b) Owing to foreign employment the couple wanted registration of their marriage and therefore they made an application on 03.10.2015 before the 6th respondent for registration of their marriage by enclosing all the relevant documents like wedding card, photos etc., The 6th respondent registered the marriage and issued the registration certificate wherein he wrongly mentioned as if the couple were married on 03.10.2015 before him without referring to the documents produced which would clearly show that in fact their marriage was performed on 09.10.2011 and it is only for the purpose of registration they approached him on 03.10.2015. Thus there is an apparent mistake in the registration certificate. Hence, the writ petition. 3. Heard Sri Suresh Kumar Reddy Kalava, learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registration representing respondents. 4. During the course of arguments learned counsel for the petitioner reiterated his pleading in the writ petition. Learned Assistant Government Pleader for Stamps and Registration submitted that suitable orders may be passed by the Court. (a) The object of the Special Marriage Act, 1954 (for short “the Act, 1954) is to provide a special form of marriage in certain cases, for the registration of such and certain other marriages and for divorce. So far as the aspect of marriage is concerned, the Act, 1954 creates two methods. The first method is, solemnization of a marriage under the Act, 1954 and second method is though the marriage was solemnized in any other form, getting registration of such marriage under the provisions of the Act, 1954. So far as the aspect of marriage is concerned, the Act, 1954 creates two methods. The first method is, solemnization of a marriage under the Act, 1954 and second method is though the marriage was solemnized in any other form, getting registration of such marriage under the provisions of the Act, 1954. Chapter-II of the Act, 1954 containing Sections-4 to 14 deals with the first method i.e., solemnization of special marriages and Chapter-III of the Act, 1954 under Sections 15 and 16 deals with second method i.e., the registration of marriages which were already celebrated in other forms. There is a subtle distinction between two methods. (b) The first method is concerned, if a couple prefers to solemnize their marriage under the provisions of the Act, 1954 and obtain a certificate of marriage, they have to follow the procedure prescribed under Section 4 to 14 of Chapter-II of the Act, 1954. (c) Firstly, as per Section 4 the parties to the special marriage shall fulfill certain conditions as envisaged in Section 4 for getting married. Upon such fulfillment, as per Section 5, the parties to the intended marriage shall give notice in writing in the prescribed form to the Marriage Officer of the District in which at least one of the parties to the marriage has resided for a period not less than 30 days immediately preceding issuance of notice. Then as per Section 6, Marriage Officer shall keep notice issued under Section 5 in a book called as “Marriage notice book” and then cause such notice published by affixing of such copy on some conspicuous places in his office. Then Sections 7 to 10 prescribe the procedure for dealing with the objections if any received against the proposed marriage under the Act, 1954. These provisions would say that if an objection is received the Marriage Officer shall enquire into the matter and decide whether to proceed with the solemnization of marriage or refuse solemnization. Against such refusal, the aggrieved party can prefer an appeal to the District Court within a period of 30 days from the date of refusal order. (d) Be that it may, if either no objections were received or the objections were enquired and over ruled, the parties can proceed with the solemnization of marriage in accordance with the provisions contained in Section 11 and 12. (d) Be that it may, if either no objections were received or the objections were enquired and over ruled, the parties can proceed with the solemnization of marriage in accordance with the provisions contained in Section 11 and 12. These provisions would say that before the marriage is solemnized, the parties and three witnesses shall, in the presence of the Marriage Officer sign on a declaration in the form specified in the Third Schedule to the Act, 1954 and the said declaration shall be counter signed by the Marriage Officer. The marriage may be solemnized at the office of the Marriage Officer or at such other place as the parties may desire which is at a reasonable distance from his office. Most importantly, the marriage may be solemnized in any form which the parties may choose to adopt, provided that, it shall not be complete and binding on the parties unless each party pronounce to the other in the presence of Marriage Officer and three witnesses that each of them take other one as his/her wife/husband. Then the marriage can be said to be solemnized as per the provisions of the Act, 1954. As per Section 13, when the marriage has been solemnized, the Marriage Officer shall enter the solemnization of such marriage in a certificate in the form specified in the IV schedule and keep in a book called as “Marriage certificate book”. The certificate of marriage prescribed under IV schedule is in the following manner. THE FOURTH SCHEDULE (See Section 13) CERTIFICATE OF MARRIAGE I, E.F., hereby certify that on the ………….day of……….20…A.B. and C.D appeared before me and that each of them, in my presence and in the presence of three witnesses who have signed hereunder, made the declarations required by Section 11 and that a marriage under this Act was solemnized between them in my presence. (Sd.) E.F., Marriage Officer for (Sd.) A.B., (Sd.) CD., (Sd.) G.H. (Sd) I.J., (Sd) K.L. Bridegroom Bride Three witnesses Dated the…………..day of ………………20 Such certificate shall be deemed to be a conclusive evidence of the fact that marriage under the Act, 1954 has been solemnized and that all formalities respecting signatures of the witnesses have been complied with. The above is the procedure with regard to solemnizing the marriage as per the provisions contained in Chapter-II of the Act, 1954. 5. The above is the procedure with regard to solemnizing the marriage as per the provisions contained in Chapter-II of the Act, 1954. 5. Then the second method is concerned, the couple who already got married in some other form can seek registration of their marriage under the Special Marriage Act, 1954 by following the procedure prescribed under Section 15 of Chapter-III. Section-15 prescribes certain conditions, which shall be fulfilled by the parties before seeking registration. Then Section 16 says that upon receipt of an application signed by the both parties to the marriage for the registration of their marriage, Marriage Officer shall give public notice and after waiting for a period of 30 days for objections, and having been satisfied that all the conditions mentioned in the Section-15 are fulfilled, enter the certificate of marriage in the marriage certificate book as specified in the Fifth Schedule and such certificate shall be signed by the parties to the marriages and three witnesses. The certificate of marriage prescribed under Fifth Schedule is in the following manner: THE FIFTH SCHEDULE (See Section 16) CERTIFICATE OF MARRIAGE CELEBRATED IN OTHER FORMS I, E.F., hereby certify that A, B and C, D appeared before me this……………day of……… …….20………………….and that each of them, in my presence and in the presence of three witnesses who have signed hereunder have declared that a ceremony of marriage has been performed between them and that they have been living together as husband and wife since the time of their marriage, and that in accordance with their desire to have their marriage registered under this Act, the said marriage has, this… day of…….20…been registered under this Act, having effect as from…………… (Sd.) E.F., Marriage Officer for (Sd.) A.B., (Sd.) CD., (Sd.) G.H. (Sd) I.J., (Sd) K.L. Husband Wife Three witnesses Dated the…………..day of ………………20 6. Coming to the case on hand since the son of the petitioner said to have married on 09.10.2011 as per their caste customs and only wanted registration of the marriage under the provisions of the Special Marriage Act submitted an application on 03.10.2015, their case comes under Chapter-III of the Act, 1954 as detailed supra. In such instance, the 6th respondent being the Marriage Officer, shall follow the procedure contemplated under Section 15 and 16 of the Act, 1954 and issue certificate of marriage as specified in the Fifth Schedule. In such instance, the 6th respondent being the Marriage Officer, shall follow the procedure contemplated under Section 15 and 16 of the Act, 1954 and issue certificate of marriage as specified in the Fifth Schedule. However, a perusal of the copy of the certificate of marriage issued by him shows that the said certificate was issued in the format specified in the Fourth Schedule instead of one specified in the Fifth Schedule. Thus, there is an error apparent on the face of the certificate. It should be noted that Three witnesses admittedly the marriage was not solemnized as per the provisions of the Act, 1954. On the other hand, the parties seek only registration of their marriage as per the provisions of the Act, 1954. (a) There is another aspect which is germane for consideration at this juncture. In the format prescribed for issuance of certificate of marriage under Fifth Schedule, no provision has been created for mentioning the actual date of marriage in the said certificate (vide proforma certificate of marriage under Fifth Schedule extracted supra). 7. In the considered view of this Court, mentioning of the actual date of marriage is also essential so as to exhibit full particulars to the reader of the said certificate. Therefore, the 6th respondent while issuing a fresh certificate of marriage as specified under the Fifth Schedule of the Act, 1954, shall mention “on 09.10.2011” after the word “performed”. 8. It is needles to emphasize that the Marriage Officer has the power to make corrections under Section 49 of the Act, 1954 when he discovers any error in the “form or substance” of any entry in the marriage certificate book. 9. Accordingly, this writ petition is allowed and respondents 5 and 6 are directed to cancel the certificate of marriage issued on 03.10.2015 and consider the application dated 26.10.2021 of the petitioner and issue a fresh certificate of marriage of T. Vinod Kumar and Sumitha the son and daughter-in-law of the writ petitioner in the format prescribed in the Fifth Schedule (Section 16) of the Act, 1954 by mentioning in the said certificate their actual date of marriage as 09.10.2011 at the relevant place mentioned in this order. The entire exercise shall be completed within three (3) weeks from the date of receipt of the copy of this order. No costs. As a sequel, interlocutory applications pending, if any, shall stand closed.