The High Court allowed a writ petition filed by an Indian citizen seeking registration of his marriage to a Chinese national under the Special Marriage Act, rejecting objections regarding foreign citizenship.
Application accepted; notice to be given by the third respondent; petitioner permitted to contract the marriage under the Act.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
THURSDAY, THE 2ND DAY OF NOVEMBER 2017/ 11TH KARTHIKA, 1939
WP(C).No. 35116 of 2017 (L)
PETITIONER :
SHAJAHAN VATTIPARAMBATH,
AGED 42 YEARS, SON OF MOHAMED ALI VATTIPARAMBATH, RESIDING AT VIII/480, KADUNGALLOOR VILLAGE, ERAMAM DESOM, ALUVA TALUK, P.O. MUPPATHADOM -683110 WITH PERMANENT ADDRESS VATTIPARAMBATH HOUSE, KONDIPARAMBA, P.O. POOTHAVANAM, MALAPPURAM-679325, KERALA.
BY ADVS.SRI.JOHN JOSEPH VETTIKAD SRI.C.JOSEPH JOHNY
RESPONDENTS :
1. STATE OF KERALA, REPRESENTED BY SECRETARY TO THE GOVERNMENT, DEPARTMENT OF TAXES (E) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2. THE INSPECTOR GENERAL OF REGISTRATION, OFFICE OF THE INSPECTOR GENERAL OF REGISTRATION, VANCHIYOOR P.O., 695035.
3. THE SUB REGISTRAR (MARRIAGE OFFICER), ALANGAD-683511.
BY SENIOR GOVERNMENT PLEADER SRI. SURIN GEORGE IPE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-11-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
bp
WP(C).No. 35116 of 2017 (L)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1: THE TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT OF THE PETITIONER ISSUED BY CONSULATE GENERAL OF INDIA, GUANGZHOU, CHINA.
EXHIBIT P2: THE TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT OF THE CHEN SI ISSUED BY EXIT AND ENTRY ADMINISTRATION, MINISTRY OF PUBLIC SECURITY, REPUBLIC OF CHINA, NO.G30357111 DATED 8.10.2008.
EXHIBIT P3: THE TRUE COPY OF THE AFFIDAVIT EXECUTED BY CHEN SI BEFORE THE COMPETENT NOTARY PUBLIC OF THE REPUBLIC OF CHINA, ALONG WITH ENGLISH TRANSLATION.
EXHIBIT P4: THE TRUE COPY OF THE RENT DEED OF THE PRESENT RESIDENTIAL HOUSE OF THE PETITIONER.
EXHIBIT P5: THE TRUE COPY OF THE APPLICATION DATED 23.10.2017 MADE BY THE PETITIONER UNDER THE SPECIAL MARRIAGE ACT 1954 FOR SOLEMNIZATION OF THE MARRIAGE UNDER SECTION 15 OF THE ACT WITH CHEN SI.
EXHIBIT P6: THE TRUE COPY OF THE CIRCULAR NO. R.R.3-25537/00 DATED 8.8.2014 ISSUED BY 2ND RESPONDENT.
EXHIBIT P7: THE TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.13276/2015.
RESPONDENT(S)' EXHIBITS :
NIL.
//TRUE COPY//
P.A.TO JUDGE
bp
K.VINOD CHANDRAN, J.
W.P.(C)No.35116 of 2017
Dated this the 2nd day of November, 2017
JUDGMENT
The petitioner, an Indian citizen, desires to enter into a marriage with one Ms.Chen Si, a foreign national from China. The petitioner, residing under the jurisdiction of the Marriage Officer/Sub Registrar, the 3rd respondent herein, made an application for contracting the said marriage under the Special Marriage Act, 1954 ('Act' for short). An objection was raised by the 3rd respondent, allegedly on the ground that the marriage is intended to be entered into with a foreign citizen and, hence, the provisions of the Special Marriage Act cannot be invoked.
W.P.(C)No.35116/2017
-2-
The writ petition is allowed. No Costs.
JUDGE
Sd/- K.VINOD CHANDRAN,
skj
2 issues framed by the court
Whether the Special Marriage Act, 1954 prohibits solemnization of marriage when one party is a foreign national.
Whether the petitioner is permitted to contract a marriage under Section 15 of the Special Marriage Act, 1954.
Colour shows how this judgement treated each authority
2 provisions across 1 enactments
Shajahan Vattiparambath
State of Kerala
Inspectior General of Registration
Sub Registrar (Marriage Officer), Alangad
K.Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
