ANAND RAMAKRISHNAN Vs. REVENUE DIVISIONAL OFFICER/SUB COLLECTOR

JUDGEMENT

(1.) The petitioner, an Indian National, currently working in Country Bahrain, wants to marry a Filipina in accordance with the marriage law applicable in Country Philippines. As per the law applicable in Philippines, a certificate of Capacity to Contract Marriage will have to be obtained. The petitioner is a divorce. He obtained the divorce through the Family Court. He approached the revenue authorities for obtaining a certificate of single status. The revenue authorities declined it stating that the petitioner is not residing within their area of jurisdiction for the past more than 12 years. However, it is not disputed that the petitioner's permanent address is within the area of jurisdiction of the revenue authorities.

(2.) In a matter involving foreign elements, it may give rise to different choice of law comes into operation whenever the court is faced with dispute containing a foreign element. In Private International Law, the capacity to contract marriage is to be determined in accordance with the Private International Law applicable to the Country in which such marriage is being solemnized. The learned Central Government Counsel, Sri. Suvin Menon points out to the law applicable in Philippines. According to the learned Central Government Counsel, the Private International Law of Philippines insists the law applicable to the nations of parties to determine capacity to contract such marriage and it is not based on the domicile of such person. There are varying views under the Private International Law as to the choice of law applicable for determining capacity to contract marriage. Some of the Countries follow the law based on the Country of domicile. However, choice of law has to be considered from the angle of the Country where the marriage is proposed to be solemnized. The law applicable to the marriage and the law applicable to capacity to marry are different and distinct. The law applicable to the marriage is the national Law where such marriage is solemnized/celebrated (Lex loci celebrationis). If that country's Private International Law insists that the national Law will have to be followed to determine the capacity of the marriage, there may not be a difficulty to hold that the capacity of the marriage has to be determined in accordance with the national Law of the parties.

(3.) In India, there is no codified Private International Law. The comity of nations insists that each Country should respect laws of other Country. If the Foreign Country insists that the capacity to contract marriage should be based on the national Law, certainly, India also have to give respect to such law of the Foreign Country.