PADMAKUMAR. P. Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) THE petitioner has approached this Court with the following prayers:

(2.) THE learned counsel for the petitioner submits that the petitioner with intent to marry Miss. Tina Wittmann, a German citizen, though has sought to give a notice of intended marriage under Section 5 of the Special Marriage Act, 1954 on 25.03.2015 vide Ext. P3, the same was refused to be accepted by the 3rd respondent/the Marriage Officer and Sub Registrar, referring to Ext. P9 Circular dated 08.08.2014. It is pointed out that both the petitioner and the groom satisfy all the mandates prescribed under the Special Marriage Act and as such, notice submitted by the petitioner ought to have been accepted by the third respondent. The learned counsel for the petitioner submits that, as per the law declared by this Court in Rajeev v. State of Kerala, [2001 (1) KLT 578], even if one of the parties is not an Indian citizen, the marriage can be solemnized under the Special Marriage Act.

(3.) AFTER hearing both the sides and in view of the decision cited supra, this Court finds that, there cannot be any prohibition for solemnization of marriage under the Special Marriage Act. But the parties have to comply with the mandatory requirements provided under Sections 5 and 6 (3) of the said Act. The petitioner has already submitted Ext. P3 notice under Section 5 of the Act. Ext. P5 is the 'single status' certificate issued of the authorities in Germany, in respect of the Miss. Tina Wittmann.