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C. S. DIAS
Vipin P. G. S/o Gopalan M. – Appellant
Versus
State of Kerala – Respondent
JUDGMENT
Is it permissible to register a marriage solemnized outside India between an Indian citizen and a foreign national under the Special Marriage Act?
2. The 1 st petitioner, an Indian citizen, married the 2 nd petitioner, an Indonesian citizen, on 01.02.2014 at the office of the Religious Affairs Republic, Jakarta, Indonesia. They have a child born in their wedlock. Currently, the petitioners are residing in Poomangalam Grama Panchayath, Thrissur. To formally recognise their marriage, the petitioners have submitted Ext.P3 joint application before the Marriage Officer (the 3 rd respondent) to register their marriage under the Special Marriage Act. Instead of registering the marriage, the 3 rd respondent has sought for a clarification from the District Marriage Officer. Regrettably, the 2 nd respondent has not responded to the inquiry. The petitioners have fulfilled all the conditions stipulated under the Special Marriage Act. The refusal on the part of the respondents to register the petitioners’ marriage is violative of Article 21 of the Constitution of India. Hence, the writ petition.
3. Heard; S
The court ruled that marriages solemnized outside India involving an Indian citizen must be registered under the Foreign Marriage Act, not the Special Marriage Act.
It is not permissible to register a marriage solemnized outside India between an Indian citizen and a foreign national under Special Marriage Act.
Civil – Foreign matrimonial decree – Foreign judgment can be recognized in India only if jurisdiction assumed by foreign court as well as grounds on which relief is granted are in accordance with mat....
Foreign matrimonial judgment can be recognized in India only if jurisdiction assumed by foreign court as well as grounds on which relief is granted are in accordance with matrimonial law under which ....
Online marriage registration is permissible under the Special Marriage Act, allowing representation via power of attorney when parties are unable to present in person.
The main legal point established is that the right to marry is fundamental, and laws should adapt to technological advancements to facilitate the exercise of this right.
Marriage – Marriage under Hindu Law with Hindu customs and rites and ceremonies is not permissible between a Christian and a Hindu – A person of Hindu faith, who wishes to marry a non-Hindu, such mar....
Marriage Certificate – Once Marriage Certificate is issued to parties under Special Marriage Act, it is conclusive evidence of legality and solemnity of marriage until it is set aside for any valid r....
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