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2015 Supreme(Ker) 1269

A.MUHAMED MUSTAQUE
Abdul Manaf P. A. – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : A.C. Devy
For the Respondents: Biju Meenattoor, Government Pleader

JUDGMENT :

A. Muhamed Mustaque, J.

1. The petitioner intends to marry a foreign national of the country of Switzerland. The petitioner gave a notice of marriage under Special Marriage Act. The notice was given on 13/08/2015. On account of non-acceptance, the petitioner had approached this Court. By the judgment in WP (C) No. 18598/2015, this Court directed the Marriage Officer to accept notice on being satisfied with the single status of the foreign national. The petitioner approached this Court on account of the fact that the certificate produced by the petitioner as per Ext. P. 5, to prove single status, is not acceptable to the Marriage Officer.

2. Ext. P. 5 certificate of civil status is issued by the Swiss Confederation, to prove the bride marital status, attested by a notary in terms of Hague Convention, abolishing the requirement of legalisation for foreign public documents (Apostille Convention). India has declared its accession to above Convention on 05/10/1961. The Switzerland has not objected to accession of India as Contracting State under Article 12 of the Convention. Thus, the Indian Court and the Public Authorities are bound to recognise such certification of the notari





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