( 1 ) THIS writ petition gives rise to a short but interesting point of law, namely, whether a foreigner can get married in india with a girl of Indian Nationality under the provisions of the Special Marriage act, 1954 (hereinafter referred to as the Act), This is a matter of first impression so far as this court is concerned and the counsel were unable to present before me any precedent even of any other High Court in India on this aspect.

( 2 ) THE brief facts germane for the decision of the point at issue briefly stated are : the first petitioner Kumari Vatsala intends to marry the second petitioner michael Caird, who is a citizen of United kingdom, residing in Bangalore. He is aged about 30 years. The petitioners decided to solemnize their marriage under the Act and therefore gave a notice under s. 6 of the said Act of their intention to solemnize the marriage. Notice was given on 24-11-1980. The first respondent, namely, the Sub-Registrar and Marriage officer, received the said notice. Thereafter the first respondent addressed a letter dated 24-12-1980 to the second respondent and sent a copy of the said letter to the second petitioner. A true copy of the sai