Couples Can Register Their Union Under Special Marriage Act, Even If Both Partners Are Not Indians: Delhi HC
The Delhi High Court has held that there is no requirement of "at least one party being a citizen of India" for solemnising and registering a couple's marriage under the Special Marriage Act provisions.
Justice Prathiba of the Delhi HC observed that the law says "any two persons" and not "citizens" can seek solemnisation of their marriage under the Act.
What does the law say?
"Sub-Sections (a), (b), (c) and (d) of Section 4 do not make any reference to citizens. It is only in Sub-Section (e) of Section 4, where the statute requires that in case of marriages solemnised in Jammu and Kashmir, both parties have to be citizens of India," the court said.
Plea by OIC card holder and American citizen
The court was hearing a plea filed by a couple ¡ª a Canadian citizen holding an Overseas Citizen of India (OCI) card and an American citizen, for marriage registration. under the Act. While the woman is Hindu by religion, the man is Christian. Both are residing and working in the national capital.
The couple approached the high court last year after, despite being a city resident for over six months, they could not apply online for marriage registration as the website required at least one party to be an Indian citizen.
The couple informed the court that the website of the Delhi Government does not permit an online form to be submitted if at least one of the parties is not an Indian citizen and that SDM (Defence Colony) refused to accept their application for registration of marriage.
What the Delhi HC said
The court directed the Sub-Divisional Magistrate concerned to process the petitioner couple's application for marriage registration by the prescribed procedure without taking the objection that one of them has to be a citizen of India.
The court, in its order, stated that the Delhi government guideline for registration of marriages, which mandated either the bride or the groom to be an Indian citizen, was contrary to the statutory provisions as well as earlier decisions of the high court and sought a report on the steps taken to amend it accordingly.
The court observed that since the directions to amend the guidelines to enable foreign nationals to register their marriage were first issued in another matter in 2019, the status report indicating compliance shall be filed within four weeks, failing which a senior official who is aware of the matter, shall join the proceedings.
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