Dated this the 10th day of August, 2022 The first petitioner, though of Indian origin, is now a citizen of the United Kingdom. Her first marriage was dissolved by decree dated 11.08.2021, which has attained finality as per Ext.P1 order of the Family Court of Bury St.Edmunds Court in the United Kingdom. The second petitioner is an Indian Citizen and his earlier marriage was dissolved by mutual consent vide Ext.P2 judgment dated 02.02.2021 of the Family Court, Ernakulam. Subsequently, the petitioners got acquainted through the internet and decided to get married. Accordingly, they submitted Ext.P3 notice of intended marriage before the third respondent on 10.06.2022. On completion of the 30 days notice period stipulated in Section 5 of the Special Marriage Act, 1954, the second petitioner approached the third respondent to fix the date for solemnisation of marriage. Thereupon, the third respondent informed that the marriage cannot be solemnised unless the first petitioner produces a single status certificate from the Embassy. Even though the first petitioner approached the British High Commission in New Delhi for securing a single status certificate, she was issued with Ext.P5 communication stating that marriages in UK are governed by separate and different legislation and the consular staff are not qualified to assess or verify the marital status of a British National intending to marry in India. The first petitioner reached Thiruvananthapuram on 20.07.2022 for the purpose of solemnisation of marriage. She has to return to the UK on 23.08.2022. According to the petitioners, the insistence on production of a single status certificate from a country which does not issue such a certificate is an impossible condition. In such circumstances, the Marriage Officer should be directed to accept Ext.P7 notarised affidavit of the first petitioner affirming her single status.

2. Learned Counsel for the petitioners submitted that the petitioners' right to marry cannot be curtailed by insisting on the production of a single status certificate, which is an impossibility, since the laws pertaining to marriage in the United Kingdom do not provide for issuance of such certificates. It is submitted that the first petitioner has affirmed her single status in Ext.P7 notarised affidavit. As per the provision of the Notaries Act 1952 Ext.P7 is a valid document on which the marriage officer can act. Attention is drawn to the decision in Shan S and another v. Marriage Officer [2022 (5) KHC 140], wherein, this Court had declared that, marriage between an Indian and a foreign citizen can be solemnised if the foreign citizen produces an affidavit attested/notarised in the manner provided in Section 3 of the Diplomatic and Consular Officers (Fees and Oaths) Act, 1948. 3. Learned Government Pleader submitted that, in the case of foreign citizens, the Government has issued Order No.J3-80/2021 dated 26/7/2021, making it mandatory for foreign citizens intending to marry in India, to produce non- objection and bachelorhood certificate from the Embassy.

4. In Shan S (supra), a Canadian citizen wanted to marry an Indian citizen, but was being prevented from solemnising the marriage under the Special Marriage Act in view of the mandatory requirement of producing non- objection and bachelorhood certificate from the Embassy. After detailed consideration it was held that the marriage officer can accept and act upon the affidavit produced by the foreign citizen, attested/notarized in the manner provided in section 3 of the Diplomatic and Consular Officers (Fees & Oaths) Act 1948. That was a case in which the spouse who is a foreign citizen, was unable to physically appear before the marriage officer. In the instant case, both intending spouses are in India and willing to physically appear before the marriage officer for solemnising their marriage. In Ext.P7 notarized affidavit, the first petitioner has affirmed that she is a divorcee and remains unmarried i.