PAUL SKARIA Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) THE petitioner, an Indian citizen, desires to enter into a marriage with one Irina Antonova, who is a Russian National. The petitioner, residing under the jurisdiction of the 3rd respondent, made an application for contracting the said marriage under the Special Marriage Act, 1954. An objection was raised by the 3rd respondent, allegedly on the ground that the marriage is intended to be entered into with a Russian National and, hence, the provisions of the Special Marriage Act cannot be invoked.

(2.) IN fact, the said issue was already considered by this Court in Rajeev v. State of Kerala [ : 2001 (1) KLT 578], which relied on a decision of High Court of Himachal Pradesh in Marian Eva v. State of Himachal Pradesh [ : AIR 1993 Himachal Pradesh 7]. The Court categorically found that the Special Marriage Act does not contain any prohibition for solemnisation of the marriage, if one of the parties is a foreigner. Another learned Single Judge of this Court also found to the same effect in Exhibit P3 judgment.

(3.) THE learned Government Pleader contends that there is no Marriage Officer appointed by the Government of India in the Embassy of India at Russia and there is no provision for sending a communication as required under sub -section (3) of Section 6 of the Act.