KOCHI: In a ruling that gives Indians the freedom to marry foreigners without any hassles, the Kerala High Court has held that there is no ban for Indians marrying foreigners under the special law. The concerned law, Special Marriage Act of 1954, doesn't specify that the parties getting married must be Indian citizens, the court pointed out.
The ruling was given by justice K Vinod Chandran after considering a petition filed by a 24-year-old woman from Kottayam in Central Kerala. Sandhu Simon of Keezhoor near Mulakkulam approached the high court through advocate Jacob E Simon after Thalayolaparambu sub registrar decided not to allow registration of her marriage with a foreigner.
In an application filed to the sub registrar's office, the petitioner had sought to register her marriage with a US national of Indian origin named Nitin Joseph as per the provisions of Special Marriage Act. Nitin had produced a certificate issued by the state registrar of Public Health Department of Illinois stating that no record exists there regarding his marriage.
The sub registrar, who is the designated marriage officer, had raised an objection to the application for registering marriage by pointing out that provisions of Special Marriage Act cannot be invoked as the marriage is intended to be entered into with a foreign citizen.
After considering the case, the court pointed out that Special Marriage Act does not contain any prohibition for solemnization of the marriage if one of the parties is a foreigner. A reading of the provisions of Special Marriage Act indicates that it indicates, in section 4, a marriage between "any two persons", the court said. The court found support on a 1993 decision by Himachal Pradesh high court.
Allowing the petition, the high court ordered the sub registrar to accept the application and solemnize the marriage after giving a notice as required by the Special Marriage Act
The ruling was given by justice K Vinod Chandran after considering a petition filed by a 24-year-old woman from Kottayam in Central Kerala. Sandhu Simon of Keezhoor near Mulakkulam approached the high court through advocate Jacob E Simon after Thalayolaparambu sub registrar decided not to allow registration of her marriage with a foreigner.
In an application filed to the sub registrar's office, the petitioner had sought to register her marriage with a US national of Indian origin named Nitin Joseph as per the provisions of Special Marriage Act. Nitin had produced a certificate issued by the state registrar of Public Health Department of Illinois stating that no record exists there regarding his marriage.
The sub registrar, who is the designated marriage officer, had raised an objection to the application for registering marriage by pointing out that provisions of Special Marriage Act cannot be invoked as the marriage is intended to be entered into with a foreign citizen.
After considering the case, the court pointed out that Special Marriage Act does not contain any prohibition for solemnization of the marriage if one of the parties is a foreigner. A reading of the provisions of Special Marriage Act indicates that it indicates, in section 4, a marriage between "any two persons", the court said. The court found support on a 1993 decision by Himachal Pradesh high court.
Allowing the petition, the high court ordered the sub registrar to accept the application and solemnize the marriage after giving a notice as required by the Special Marriage Act
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