Whether there is impediment for an Indian citizen to marry a foreign national?

Identical cases have come up before this Court

earlier, wherein, this Court has taken the view that there is no

impediment for an Indian citizen to marry a foreign national

under the Special Marriage Act. The judgment rendered by this

Court in WP(C) No.29378 of 2015 is one of such cases. In the

light of the judgment in the said case and other cases, I deem it

appropriate to dispose of the writ petition as follows:

         i. The respondent shall receive notice of marriage


            under the Special Marriage Act from the petitioners.

        ii. The date of notice has to be reckoned as today.

        iii.The marriage shall be registered on the expiry of 30

            days from today in accordance with the provisions of

            the Special Marriage Act.
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                            PRESENT:

                   THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

               TUESDAY, THE 7TH DAY OF JUNE 2016

                                WP(C).No. 19506 of 2016 (K)
                        
               TONY JAMES,
                    Vs

                THE SUB REGISTRAR & MARRIAGE OFFICER,
                     (UNDER THE SPECIAL MARRIAGE ACT),
       
      

            The first petitioner, a citizen of India, intends to

marry the second petitioner, a foreign national. Though the

petitioners have approached the Marriage Officer concerned

under the Special Marriage Act with Ext.P2 notice of the

intended marriage, the Marriage Officer refused to accept the

notice, submits the petitioners.

            2.    Identical cases have come up before this Court

earlier, wherein, this Court has taken the view that there is no

impediment for an Indian citizen to marry a foreign national

under the Special Marriage Act. The judgment rendered by this

Court in WP(C) No.29378 of 2015 is one of such cases. In the

light of the judgment in the said case and other cases, I deem it

appropriate to dispose of the writ petition as follows:

         i. The respondent shall receive notice of marriage


            under the Special Marriage Act from the petitioners.

        ii. The date of notice has to be reckoned as today.

        iii.The marriage shall be registered on the expiry of 30

            days from today in accordance with the provisions of

            the Special Marriage Act.

        iv.The petitioners shall, before the registration of the

            marriage, produce necessary documents before the

            Marriage Officer to satisfy him the single status of

            the second petitioner.



                                             Sd/-

                                   P.B.SURESH KUMAR, JUDGE.

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