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2017 Supreme(Ker) 1452
IN THE HIGH COURT OF KERALA
Shaji P. Chaly, J.
Binsu Mathew – Appellant
Vs.
Marriage Officer Sub Registrar Office – Respondent
Writ Petition (C). No. 4235 of 2017
Decided On : 16-02-2017
For the Petitioner:Sri. A. Chandra Babu, Advocate
For the Respondent: Mr. S. Kannan, Govt. Pleader
The main legal point established is that the Special Marriage Act allows for the solemnization of marriage between an Indian citizen and a foreign national through a joint application, as interpreted by the court.
Headnote:
Special Marriage Act - Marriage of Indian Citizen and Foreign National - The court held that joint application for solemnization of marriage under the Special Marriage Act by an Indian citizen and a foreign national is possible, quashing the order that declined the application.
Fact of the Case:
The petitioner, an Indian citizen, and the second respondent, a person of Indian origin now residing in the United States, submitted a joint application for marriage under the Special Marriage Act. The application was declined, stating that there is no provision for solemnization of marriage between an Indian citizen and a foreign national under the Act.
Finding of the Court:
The court considered the previous judgment and held that the joint application for marriage under the Special Marriage Act by an Indian citizen and a foreign national is possible. The court quashed the order that declined the application and directed the respondent to conduct the marriage within the provided time.
Issues: The issue was whether a joint application for marriage under the Special Marriage Act by an Indian citizen and a foreign national is permissible.
Ratio Decidendi: The court relied on the precedent set in a previous case and interpreted that such a course is possible under the Special Marriage Act, thereby allowing the petitioner's plea.
Final Decision: The writ petition was allowed, and the respondent was directed to conduct the marriage within the provided time, ensuring the single status of the foreign citizen.
Shaji P. Chaly, J.
Petitioner is an Indian citizen. Second respondent is a person of Indian Origin and now acquired U.S citizenship and residing at United States of America. Petitioner and the second respondent submitted joint application seeking solemnization of marriage under the provisions of the Special Marriage Act, 1954, evident from Ext.P3, which was declined by the first respondent as per Ext.P5 order holding that there is no provision under the Act, 1954 for solemnization of marriage by and between an Indian citizen and a Foreign National. It is in this background seeking to quash Ext.P5 and seeking other related relief’s, this writ petition is filed.
2. Heard learned counsel for the petitioner, learned Government Pleader and perused the documents on record and the pleadings put forth by the petitioner.
3. The issue with respect to submission of application under the Special Marriage Act jointly by a citizen of India and a foreign citizen was considered by this Court in Vivian Varghese v. State of Kerala [2015(3) KLT 21] and held that, such a course is possible under the Special Marriage Act. Petitioner is also entitled to get the same relief. Therefore I quash Ext.P5.
4. The writ petition is allowed. Respondent is directed to publish a notice forthwith in accordance with law and conduct the marriage within the time provided under law. Respondent shall ensure the single status of the foreign citizen before conducting the marriage.
