Petitioner challenged an order by a Marriage Officer rejecting his application to marry a foreign national under the Special Marriage Act. The Single Judge held the Act permits marriage with foreign nationals and quashed the objection.
The impugned order (Ext.P2) set aside; petitioner permitted to contract 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
FRIDAY, THE 10TH DAY OF NOVEMBER 2017/19TH KARTHIKA, 1939
WP(C).No. 36162 of 2017 (U)
PETITIONER :
BINU BHASKAR, AGED 45 YEARS, S/O. BHASKARAN, MOTHEDATHU HOUSE, PANCHARAMUKKU, CHAKKAMKANDAM P.O., GURUVAYUR, THRISSUR DISTRICT - 680522.
BY ADV. SRI.M.V.BIPIN
RESPONDENTS :
1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURA M - 695001.
2. SUB REGISTRAR/ MARRIAGE OFFICER, SUB REGISTRAR OFFICE, MANATHALA, CHAVAKKAD, THRISSUR - 68506.
R1 & R2 BY SENIOR GOVERNMENT PLEADER SRI.SURIN GEORGE IPE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-11-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
bp
WP(C).No. 36162 of 2017 (U)
APPENDIX
PETITIONER'S EXHIBITS :
P1: COPY OF THE APPLICATION AND THE ACKNOWLEDGMENT ISSUED BY THE R2 ON RECEIPT OF THE APPLICATION DT 20/10/2017.
P2: COPY OF THE ORDER OF THE R2.
RESPONDENT'S EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
bp
K. VINOD CHANDRAN, J.
W.P.(C) No. 36162 of 2017 (U)
Dated: 10th November, 2017
J U D G M E N T
The petitioner, an Indian citizen, desires to enter into a marriage with one Ms.Patricia Isabel Pcheco, a foreign national. The petitioner, residing under the jurisdiction of the Marriage Officer/Sub Registrar, the 2nd 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 2nd 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. The impugned order is produced at Ext.P2.
W.P.(C) No. 36162/2017
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KLT 578 , which relied on a decision of the High Court of Himachal Pradesh in Marian Eva v. State of Himachal Pradesh - AIR 1993 Himachal Pradesh 7 . The 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. This Court has also reiterated the said position in W.P.(C) No.13276 of 2015, vide judgment dated 01.06.2015.
Marriage Act would also indicate that, Section 4 contemplates that a marriage between “any two persons” could be solemnized under the Act; if the conditions specified therein are fulfilled. It is also relevant that, by Circular No.R.R.6.23638/14 dated 23.10.2014, the Government had answered a
W.P.(C) No. 36162/2017
-3-
clarification made by the Inspector General of Registration and specifically indicated after citing the aforesaid decisions that the word “person” used in Section 4 of the Special Marriage Act does not indicate either one of the parties or both the parties should be citizens of India.
W.P.(C) No. 36162/2017
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under the Act and the petitioner permitted to contract the marriage as intended by him, which shall be
solemnised under the Act.
The writ petition is allowed. No Costs.
Sd/K.VINOD CHANDRAN, JUDGE
jjj 10/11/17
2 issues framed by the court
Whether the Special Marriage Act, 1954 prohibits solemnisation of marriage if one party is a foreign national.
Whether the order rejecting the marriage application on foreign nationality grounds was correctly issued.
Colour shows how this judgement treated each authority
Rajeev v. State of KeralaRelied on¶2
Rajeev v. State of Kerala - 2001 (1) KLT 578
Marian Eva v. State of Himachal PradeshRelied on¶2
Marian Eva v. State of Himachal Pradesh - AIR 1993 Himachal Pradesh 7 · Who else cites this
W.P.(C) No.13276 of 2015Referred¶2
W.P.(C) No.13276 of 2015
Binu Bhaskar
State of Kerala
Sub Registrar/Marriage Officer, Manathala
K. Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
