SHAN Vs. MARRIAGE OFFICER

JUDGEMENT

(1.) The first petitioner is an Indian citizen and the second petitioner, a Canadian citizen with an Overseas Citizen of India card. Being desirous of entering into matrimony, the petitioners gave Exhibit P1 notice of intended marriage. Based on Exhibit P1 an intimation was sent to the petitioners, requiring them to appear on 22/5/2022 for solemnisation of the marriage. In the meanwhile, the second petitioner had to rush back to Canada at her employer's behest. The second petitioner therefore requested the respondent to permit her to appear through online mode. The respondent having refused to accede to the request, this writ petition is filed seeking the following reliefs;

(2.) Adv.R.V.Sreejith appearing for the petitioner submitted that, right of an intending spouse working/residing abroad, to get his/her marriage solemnized by appearing through virtual mode, is no longer res integra in view of the directions in Exhibit P7 order of the Division Bench. It is submitted that ,after Exhibit P7 order, a series of judgments have been rendered, granting permission for solemnization of marriage, by one spouse appearing virtually. It is pointed out that the only distinctive feature of the case at hand is that the second petitioner is a Canadian citizen. Therefore, 'a nonobjection and bachelorhood certificate' to prove her single status has to be obtained from the Canadian Embassy in India. The request in that regard submitted by the second petitioner was answered by the Canadian Embassy expressing its inability, since Canadian law neither requires nor provides from issuance of nonobjection and bachelorhood certificate. It is contended that the second petitioner cannot be compelled to perform the impossible task of producing bachelorhood certificate and should, in the alternative, be permitted to produce an affidavit as to her single status, notarised by an Attorney in Canada.

(3.) Learned Government Pleader pointed out that, Exhibit R1(a) order mandates the production of non-objection and bachelorhood certificate from the Embassy, if one of the applicants is a foreign national. On being informed about this requirement, the second petitioner produced Exhibit R1(b) certificate, the relevant portion of which reads as under;