BINSU MATHEW Vs. MARRIAGE OFFICER SUB REGISTRAR OFFICE

JUDGEMENT

(1.) Petitioner is an Indian citizen. Second respondent is a person of Indian Origin and now acquired U.S citizenship and residing at United States of America. Petitioner and the second respondent submitted joint application seeking solemnization of marriage under the provisions of the Special Marriage Act, 1954, evident from Ext.P3, which was declined by the first respondent as per Ext.P5 order holding that there is no provision under the Act, 1954 for solemnization of marriage by and between an Indian citizen and a Foreign National. It is in this background seeking to quash Ext.P5 and seeking other related reliefs, this writ petition is filed.

(2.) Heard learned counsel for the petitioner, learned Government Pleader and perused the documents on record and the pleadings put forth by the petitioner.

(3.) The issue with respect to submission of application under the Special Marriage Act jointly by a citizen of India and a foreign citizen was considered by this Court in Vivian Varghese Vs. State of Kerala [2015(3) KLT 21] and held that, such a course is possible under the Special Marriage Act. Petitioner is also entitled to get the same relief. Therefore I quash Ext.P5.