J U D G M E N T

Petitioner, an Indian citizen, intends to marry Ms.Sherlyn Verghese, a citizen of America. On 31.5.2021, the petitioner gave notice of his intended marriage online to the third respondent in terms of Section 5 of the Special Marriage Act, 1954 (the Act). It is stated by the petitioner that on receipt of the notice, the third respondent has directed the petitioner to produce a few documents, and the petitioner has produced all the documents required by the third respondent. It is alleged by the petitioner that later, the third respondent has directed the petitioner to produce an affidavit of his fiancee attested by a competent officer in the Embassy or Consulate of the United States of America, to the effect that she does not have a spouse living. According to the petitioner, such a condition is not insisted in the case of Indian citizens, and the marriages are permitted to be solemnized and registered under the Act after obtaining notarized affidavits from the parties concerned that he/she does not have a spouse living. It is stated by the petitioner that though the fiancee of the petitioner is prepared to submit a notarized affidavit, the third respondent is not pr