Wednesday, 25 May 2016

Whether Indian courts should recognize certificate of civil status is issued by Swiss Confederation to prove bride marital status?

 Ext.P5 certificate of civil status is issued by the

Swiss Confederation, to prove the bride marital status,


attested by a notary in terms of Hague Convention,

abolishing the requirement of legalisation for foreign public

documents (Apostille Convention).        India has declared its

accession to above Convention on 05/10/1961.                The

Switzerland has not objected to accession of India as

Contracting State under article 12 of the Convention. Thus,

the Indian Court and the Public Authorities are bound to

recognise such certification of the notaries of the foreign

country.
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                            PRESENT:

                   THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

 Dated:  27TH DAY OF NOVEMBER 2015

                                  WP(C).No. 35928 of 2015 (M)
                                      

            ABDUL MANAF.P.A.,
Vs

        STATE OF KERALA,
           



      The petitioner intends to marry a foreign national of

the country of Switzerland. The petitioner gave a notice of

marriage under Special Marriage Act. The notice was given

on 13/08/2015.       On account of non-acceptance, the

petitioner had approached this Court. By the judgment in

W.P.(C).No.18598/2015, this Court directed the Marriage

Officer to accept notice on being satisfied with the single

status of the foreign national.

      2. The petitioner approached this Court on account of

the fact that the certificate produced by the petitioner as

per Ext.P5, to prove single status, is not acceptable to the

Marriage Officer.

      3.  Ext.P5 certificate of civil status is issued by the

Swiss Confederation, to prove the bride marital status,


attested by a notary in terms of Hague Convention,

abolishing the requirement of legalisation for foreign public

documents (Apostille Convention).        India has declared its

accession to above Convention on 05/10/1961.                The

Switzerland has not objected to accession of India as

Contracting State under article 12 of the Convention. Thus,

the Indian Court and the Public Authorities are bound to

recognise such certification of the notaries of the foreign

country.

      5.    The Apostille Convention replaced cumbersome

formalities of requirement of diplomatic or consular

legalisation for foreign public documents and legalisation

process     of   authentication   by   issuance     of   Apostille

Certificate.   Therefore, foreign public documents do not

require legalisation if it bears apostille certification.

      In view of the fact that Ext.P5 bear seal of the apostille

certification, this Court is of the view that there is no

impediment on relying on Ext.P5.               Accordingly, the

following directions are issued :


     Based on Ext.P5, the application has to be processed

and marriage shall be registered in accordance with Special

Marriage Act. Since notice period is over, the marriage shall

be registered in accordance with the Special Marriage Act on

any day.

     The writ petition is disposed of as above.



                                          Sd/-
                          A. MUHAMED MUSTAQUE
                                        JUDGE


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