Whether a person who is not an Indian citizen can file petition under The Maintenance and Welfare of Parents and Senior Citizens Act, 2007?

The passport of respondent No.2 is produced at Annexure-B. It shows that respondent No.2–Carobina Ferrao Guerin is a British citizen. Her photograph is also affixed to the passport. It is therefore evident that she is not an Indian citizen as the Constitution of India does not provide for dual citizenship. Sub-section (h) of Section 2 of the Act defines ‘Senior Citizen’ and it

reads as follows:

“h. "senior citizen" means any person being a citizen of India, who has attained the age of sixty years or above;”

4. It is evident that one of the essential elements

for being designated a ‘Senior Citizen’ for the purposes of

the Act is the person being an Indian citizen. The passport

at Annexure-B clearly shows that respondent No.2 at whose

instance proceedings has been initiated by the respondent

No.1, is not an Indian citizen. In that view of the matter,

respondent No.1 had no jurisdiction to initiate the

proceedings under the Act. Accordingly, same is liable to

be quashed.

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

WRIT PETITION NO.6720/2016(GM-RES)

BETWEEN:

 MRS DEPHNY GLADYS LOBO Vs ASST COMMISSIONER AND PRESIDENT SENIOR CITIZEN MAINTENANCE TRIBUNAL, MANGALURU SUB DIVISION,

BEFORE

 MR. JUSTICE P. KRISHNA BHAT

DATED: 22ND DAY OF MARCH, 2022

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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),
       
      

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Whether special marriage Act prohibit Indians to marry foreigners?

 In a case before the Court where the petitioner, an Indian Citizen, was prohibited from marrying a Canadian Citizen on the ground that the provisions of Special Marriage Act, 1954 cannot be invoked in the instant case as one of the party to the marriage is a foreigner, a bench of K.V. Chandran J directed the 3^rd respondent (Marriage Officer) to accept the application of the petitioner and permit her to contract the marriage as intended by her, as the Special Marriage Act, 1954 does not bar the solemnization of marriage between an Indian and a foreigner.

The Court read Section 4 of the Special Marriage Act and observed that solemnization of the marriage between “any two persons” could not be prohibited in the present case as the petitioner satisfies the conditions stated in sub-clauses (a) to (d) of the said provision. The Court noted that the word “person” used in Section 4 of the Act does not indicate that either one of the parties or both the parties should be citizens of India. The Court further noted that there is no requirement of informing about the said marriage to a Marriage Officer appointed by the Government of India in its embassy at Canada as Section 6(3) is not applicable in the instant case, because one of the parties is a foreigner and does not have permanent resident in India. Accordingly, the Court permitted the petitioner to contract the marriage as intended by her and directed the Marriage Officer to register the marriage under the Act.

Kerala High Court

Devika Raj vs State Of Kerala on 8 August, 2014

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Whether registration of marriage is permissible between Indian citizen and citizen of any other country?

It further appears from the impugned order that Opp. party no. 4 has refused to register the marriage between the Petitioners purportedly under Section 1(2) of the Act. A reading of the said provision clearly shows that it is provided therein that the Act extends to the whole of India except the State of Jammu and Kashmir and also applies to the Citizens of India domiciled in the territories to which the Act extends, who are in the State of Jammu and Kashmir. We find, nothing has been brought out to show that the provisions of the Act bars Registration of Marriage between an Indian Citizen and a Citizen of any other country. Section 15 of the Act also imposes no bar for marriage between a Citizen of India and a Citizen of any other country. We also find in the present case that the parties fulfilled all the conditions as laid down in Section 4 of the Act and did not suffer any disability as stated in Sections 4(b) and 4(d) of the Act.

Orissa High Court

Firoz Khan And Anr. vs Union Of India (Uoi), Represented ... on 31 October, 2006

Equivalent citations: AIR 2007 Ori 81, 103 (2007) CLT 168, I (2007) DMC 626

Bench: B Das, M Das

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Whether there is bar to Registration of marriage between Indian citizen and citizen of any other country?

Learned counsel for the petitioners has argued that Section 1(2) of the Act of 1954 do not bar registration of marriage between Indian citizen and citizen of any other country. In support of his submission learned counsel for the petitioners has placed reliance on a judgment passed by Division Bench of Orissa High Court in the case of Firoz Khan & anr. vs. Union of India [AIR 2007 Orissa 81].

Having gone through the aforesaid judgment of the Division Bench of Orissa High Court in which it has been categorically held that Sec. 1(2) of the Act of 1954 does not bar registration of marriage between an Indian citizen and a citizen of any other country and that Section 15 of the Act of 1954 also imposes no bar for registration of marriage between the citizen ... of India and citizen of any other country, in my considered view learned 4th Additional District Judge, Jabalpur has committed error in dismissing the petitioners' appeal on the ground that since the petitioner No.2 is not a citizen of India, the marriage solemnized between petitioner No. 1 and 2 cannot be registered under Section 15 of the Act of 1954. 

Madhya Pradesh High Court

Mr.Rajesh Kumar Tripathi vs The State Of Madhya Pradesh on 17 November, 2014

      Citation;AIR 2015 MP 61

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