The Special Marriage Act allows marriage between any two persons without mandating both parties to be Indian citizens, except for marriages solemnized in Jammu and Kashmir.

JUDGMENT

Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

2. This present petition has been filed by the Petitioners seeking a direction to the Respondent No. 2- Sub-Divisional Magistrate (Defence Colony) to permit the Petitioners to physically submit the required documents and complete requisite formalities for solemnising their marriage as also registering the same under the provisions of the Special Marriage Act, 1954 (hereinafter 'the Act').

3. The Petitioner no. 1 - Hindu by religion, is a Canadian citizen. She, however, holds an Overseas Citizen of India (OCI) card. Petitioner No. 2, a Christian by religion, is an American citizen. They both reside in Delhi and are working in Delhi.

4. It is the case of the Petitioners that they intend to solemnize their marriage and register the same under the Special Marriage Act, 1954. However, the Petitioners have been constrained to file this petition because the website of the GNCTD which facilitates the registration and solemnization of marriages i.e., www.edistrict.delhigovt.nic.in does not permit for an online form to be submitted if one of the parties is not an Indian citizen. The message pops up to the following effect at least one party should be an Indian. "at least one party should be Indian"

5. The Petitioners then made an attempt to visit the office of the Respondent No. 2 SDM Defence Colony in order to submit the requisite forms physically. However, the SDM refused to accept the application. Thereafter, a representation dated 12th October, 2022 was also made by the Petitioners which has not been replied to. Hence the prayer in this petition is for permitting the Petitioners to physically submit their forms, documents and fee and allow the Petitioners to solemnize their marriage and registered the same in accordance with the provision of the Special Marriage Act, 1953.

6. Ld. Counsel for the Petitioner submits that under the Act, it is not necessary that the parties solemnizing the marriage ought to be citizens. Ld. counsel relies upon an order dated 11th August, 2021 passed by this Court in Writ Petition (Civil) 7951/2021 titled 'Aryan Arianfar & Anr. v. State Govt. Of NCT of Delhi & Ors.'. The said case also related to two foreign nationals where the Court observed as under:

"1. The present petition has been preferred by two foreign nationals who claim that their marriage was solemnised at New Delhi on 05.04.2021. The grievance of the petitioners is that despite their repeated requests to respondent no. 2, they have not even been granted an appointment with respondent no.2 for registration of their marriage under the Special Marriage Act.

2. On the last date, learned counsel for respondents no. 1 & 2 were granted time to obtain instructions. Today, Mr. Aggarwal submits that the respondents are in the process of making relevant changes in its e- portal to ensure that such grievances are not raised by other similarly placed persons in the future. He, however, submits that the said process is likely to take some time and therefore, the petitioners cannot be granted an online appointment till the revised guidelines are issued and relevant changes made on the e-portal.

3. Learned counsel for the petitioners submits that the petitioners, who have been staying in India on an extended visa, are desirous of returning to their country and therefore, pray that the respondent no.2 be directed to permit them to physically visit the office of the respondents for registration of their marriage.

4. Learned counsel for the respondent nos.1&2 has no objection to the said request.

5. In the light of the aforesaid facts, the respondent no.2 is directed to communicate a date for a physical appointment to the petitioners within the next three days, in order to facilitate the registration of their marriage. The said communication be also sent to the learned counsel for the petitioner. It is expected that in the meanwhile, the respondents will take expeditious st