DEVIKA RAJ Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) The petitioner, an Indian citizen, desires to enter into a marriage with one Sandeep Devanatha Pillai, who is a person of Indian origin; but now a Canadian citizen. 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 Canadian citizen 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 KerLT 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 P8 judgment.

(3.) A reading of the provisions of the Special Marriage Act would also indicate that, Section 4 contemplates a marriage between "any two persons" could be solemnized under the Act; if the conditions specified therein are fulfilled. To satisfy the officer of the conditions stated therein, the intending bridegroom has also given Exhibits P5 and P6. Exhibit P5 indicates that there is no provision as per the Canadian law for issuance of a certificate that a Canadian citizen is free to marry and that such a certificate is not required under the Canadian law. Exhibit P6 is the affidavit given by the intending bridegroom, which indicates that he satisfies the conditions in sub-clauses (a) to (d) of Sections 4 of the Act.