JUDGMENT :

N. NAGARESH, J.

1. The petitioner, who is an unmarried Indian Citizen, working as a Quartz Consultant, has approached this Court seeking to quash Ext.P4 Circular and to direct the 1st respondent to accept Exts.P8 and P9 documents submitted by the petitioner and his bride Miss Jeeva Joy.

2. Miss Jeeva Joy, aged 26 years, is a British Citizen holding an Overseas Citizen of India card. The petitioner states that the petitioner and Miss Jeeva Joy intend to marry each other. They decided to solemnise their marriage under the provisions of the Special Marriage Act, 1954.

3. When they approached the 1st respondent-Marriage Officer, they were informed that for taking further steps for solemnisation and registration of marriage, petitioner has to produce a No Objection Certificate (NOC) and Bachelorhood Certificate issued by the concerned Embassy of the Foreign Nation. These documents are insisted in view of Ext.P4 Circular dated 26.07.2021.

4. In view of the insistence made by the respondents, the bride Miss Jeeva Joy returned to Britain on 16.11.2021. She approached the Consular Directorate Office in London for the requisite Certificates. She was informed by the officials that British Government no longer issue a Certificate of Impediment or No Objection Certificate to British Citizens to get married in Commonwealth Countries for the reason that the marriage in the UK is governed by separate and different legislations in England and Wales, Scotland and Northern Ireland.

5. Thereupon, Miss Jeeva Joy executed Ext.P8 Single Status statutory declaration dated 10.01.2022 before a Solicitor authorised to Administer Oaths. The said declaration was Apostilled as per Ext.P9.

6. The petitioner seeks to direct the 1st respondent to accept Exts.P8 and P9 documents in respect of Miss Jeeva Joy and take appropriate steps for solemnisation and registration of marriage.

7. The learned counsel for the petitioner urged that when the Foreign Country does not issue/refuse to issue a Bachelorhood Certificate or Single Status Certificate to an overseas Citizen of India, the authorities in India cannot refuse registration of marriage on that ground. The only legally possible alternative for Miss Jeeva Joy to prove her Single Status was to get a declaration from a competent Attorney abroad. Miss Jeeva Joy has obtained such a declaration as per Ext.P8, which has duly Apostilled by her Majesty’s Principal Secretary of State for Foreign, Commonwealth and Development Affairs, as is evidenced by Ext.P9. In the circumstances, the 1st respondent is compellable to solemnise and register the marriage of the petitioner and Miss Jeeva Joy invoking the Special Marriage Act, 1954.

8. The learned Government Pleader vehemently opposed the prayers in the writ petition. The learned Government Pleader submitted that in view of the Circular dated 27.11.2019 issued by the Home Ministry of Union Government, NOC and Bachelorhood Certificate from the Embassy of the country of the spouse is to be insisted for registration of marriage. There are general observations of this Court also insisting that if an Indian Citizen wants to marry a foreign citizen, a Single Status Certificate from the Embassy is required. In such circumstances, the Government of Kerala has issued Ext.P4 Circular dated 26.07.2021 making it clear that for registration of such marriages, NOC and Bachelorhood Certificate issued by the Foreign Embassy shall be insisted. In view of the above, the marriage of the petitioner with Miss Jeeva Joy cannot be solemnised in the absence of NOC and Bachelorhood Certificate.

9. I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.

10. Miss Jeeva Joy is a British Citizen. She holds an Overseas Citizen of India Card. Miss Jeeva Joy intends to marry the petitioner. In view of Ext.P4 Circular dated 26.07.2021, the Marriage Officer insists production of NOC and Bachelorhood Certificate from the Foreign Embassy. Miss Jee