IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

MONDAY, THE 8TH DAY OF JUNE 2015/18TH JYAISHTA, 1937

WP(C).No. 16350 of 2015 (P)

----------------------------

PETITIONER :

---------------------

VIVAN VARGHESE,

S/O.N.C.VARGHESE, KP 10/837C,

CONVENT LANE, PALLIVILLA, VATTAPARA P.O.

TRIVANDRUM-28. (*CORRECTED)

*NAME OF THE PETITIONER VIVAN VARGHESE IS CORRECTED AS

VIVIAN VARGHESE AS PER ORDER IN IA NO. 7201/2015 DATED 8/6/2015.

BY ADVS.SRI.SUMAN CHAKRAVARTHY

SMT.BREJITHA UNNIKRISHNAN

RESPONDENT(S) :

----------------------------

1. THE STATE OF KERALA,

REPRESENTED BY ITS PRINCIPAL SECRETARY,

DEPARTMENT OF TAXES AND REGISTRATION

GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

2. THE INSPECTOR GENERAL OF REGISTRATION,

OFFICE OF THE INSPECTOR GENERAL OF REGISTRATION, VANCHIYOOR

THIRUVANANTHAPURAM-695 035.

3. THE MARRIAGE OFFICER AND SUB REGISTRAR,

KARAKULAM, CHEKKAKONAM P.O.

THIRUVANANTHAPURAM-695 564.

R1 TO R3 BY GOVT. PLEADER SRI. BIJU MEENATTOOR

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION

ON 08-06-2015, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:

Mn

...2/-

WP(C).No. 16350 of 2015 (P)

----------------------------------------

APPENDIX

PETITIONER(S)' EXHIBITS :

-----------------------------------------

EXT.P1

TRUE COPY OF THE PASSPORT OF THE PETITIONER.

EXT.P2

TRUE COPY OF THE CERTIFICATE DATED 9/10/2014.

EXT.P3

TRUE COPY OF THE ONLINE APPLICATION.

EXT.P4

TRUE COPY OF THE REJECTION LETTER DATED 29/5/2015 ISSUED BY

THE 3RD RESPONDENT ALONG WITH THE CIRCULAR DATED

20/10/2014.

EXT.P5

TRUE COPY OF THE JUDGMENT DATED 11/3/15 IN WP 1946/15.

EXTR.P6

TRUE COPY OF THE JUDGMENT IS REPORTED IN 2001(1) KLT 578.

RESPONDENT(S)' EXHIBITS : NIL

--------------------------------------------------------

//TRUE COPY//

P.A. TO JUDGE

Mn

*CR*

K. VINOD CHANDRAN, J

- - - - - - - - - - - - - - - - - - - - -- - - - --

W.P.(C).No.16350 of 2015-P

- - - - - - - - - - - - - - - - - - - - -- - - - --

Dated this the 08^th day of June, 2015

J U D G M E N T

The petitioner, an Indian citizen, desires to enter

into a marriage with one Satu Anniina, who is a Finnish

citizen. The petitioner, residing under the jurisdiction of the

3^rd respondent, made an application for contracting the

marriage under the Special Marriage Act, 1954. An objection

was raised by the 3^rd respondent, allegedly on the ground that

the marriage is intended to be entered into with a Finnish

citizen and, hence, the provisions of the Special Marriage Act,

1954 cannot be invoked.

2. In fact, the said issue was already considered by

this Court in Rajeev v. State of Kerala [2001 (1) KLT 578],

W.P(C) No.16350 of 2015

::2::

which relied on a decision of High Court of Himachal

Pradesh in Marian Eva v. State of Himachal Pradesh [AIR

1993 Himachal Pradesh 7]. This Court categorically found

that the Special Marriage Act does not contain any

prohibition for solemnisation of the marriage, if one of the

parties is a foreigner. Another learned Single Judge of this

Court also found to the same effect in Exhibit P5

judgment.

3. A reading of the provisions of the Special

Marriage Act would also indicate that, Section 4

contemplates, marriage between “any two persons” to be

solemnized under the Act; if the conditions specified

therein are fulfilled. To satisfy the officer of the conditions

stated therein, the intending bride has produced Ext.P2

W.P(C) No.16350 of 2015

::3::

issued by the Local Register Office of the West Uusimaa at

Finland. The status of the said person is shown as single

and it is also specifically declared that according to Finnish

law there is no impediment to the proposed marriage.