Kerala HC directs officer to solemnize marriage of foreign citizen

The petitioner argued that one of the parties to marriage is a foreign citizen, the Officer would not proceed with the application The Kerala High Court asked the marriage officer and sub-registrar to solemnize and register the marriage, irrespective of the fact that the bridegroom is a foreign citizen.

Yamuna P.J., the petitioner informed the court that notice under Section 5 of the Special Marriage Act, 1954 was submitted before the Sub-Registrar for solemnization and registration of marriage with Ajit Kumar, who is a British citizen.

The bench while referring the Judgement of the High Court in Rajeev v. State of Kerala [2001 (1) KLT 578] and in Marian Eva v. State of Himachal Pradech [AIR 1993 H.P.7], held that there is no prohibition under the Special Marriage Act,1954 for solemnization of the marriage between an Indian citizen and a foreign citizen.

“There shall be a direction to the 3rd respondent to process the application received from the petitioner in accordance with law without raising any objection on the ground that the bridegroom is a foreign citizen,” the Court ordered, disposing the petition.

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