In a recent judgment, the Kerala High Court addressed the legal framework governing the registration of marriages between Indian citizens and foreign nationals, particularly those solemnized outside India. The court delineated the applicability of the Special Marriage Act, 1954 (SMA), and the Foreign Marriage Act, 1969 (FMA), providing clarity on the appropriate statutes under which such marriages should be registered.
Case Background
The petitioners in this case were an Indian citizen and an Indonesian citizen who had solemnized their marriage under Indonesian civil law. Residing in Thrissur, Kerala, they sought to formally register their marriage under the SMA and accordingly submitted a joint application to the local Marriage Officer. However, the Marriage Officer, uncertain about the appropriate legal provisions, sought clarification from the District Marriage Officer but did not receive a response, leading to a delay in the registration process.
Petitioners' Argument
The petitioners contended that they had fulfilled all the requirements stipulated under the SMA for marriage registration. They argued that the refusal or delay in registering their marriage violated their fundamental rights under Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty.
Court's Analysis
Justice C.S. Dias, presiding over the case, examined the provisions of both the SMA and the FMA to determine the appropriate statute for registering marriages solemnized outside India. The court noted that the SMA is designed for the solemnization and registration of marriages within India, applicable to "any two persons" irrespective of nationality, provided certain conditions are met.
In contrast, the FMA specifically addresses marriages where at least one party is an Indian citizen and the marriage is solemnized in a foreign country. The Act provides a framework for:
Solemnizing marriages before a Marriage Officer appointed in foreign countries.
Registering marriages already solemnized under local foreign laws.
Recognizing and certifying marriages in accordance with the laws of foreign countries.
The court emphasized that the FMA defines a 'foreign country' as any country or place outside India, thereby encompassing marriages solemnized under foreign laws.
Conclusion
Based on the analysis, the court concluded that marriages solemnized outside India, where at least one party is an Indian citizen, fall under the purview of the FMA for registration purposes. Therefore, the petitioners' marriage, having been conducted in Indonesia under Indonesian civil law, should be registered under the FMA rather than the SMA.
The court's decision provides clarity on the legal procedures for registering marriages between Indian citizens and foreign nationals solemnized abroad, ensuring that such unions are recognized under the appropriate legal framework in India.
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