RAJESH KUMAR TRIPATHI Vs. STATE OF M P

JUDGEMENT

(1.) This petition under Art. 227 of the Constitution of India is filed against the order dated 20.4.2012 passed by the 4th Additional District Judge, Jabalpur in Miscellaneous Civil Appeal No. 17 of 2011 affirming the order dated 29.1.2011 and 18.7.2011 passed by the Registration Authority rejecting the registration of marriage of the petitioners under section 15 of the Special Marriage Act, 1954 (hereinafter referred to as "Act of 1954"). Briefly stated the petitioner No. 1 an Indian National had performed marriage with petitioner No. 2 a land of German National at Arya Samaj, Hansapuri, Nagpur (Maharashtra) after the petitioner No. 2 converted her religion from German to Arya Samagist. Their marriage was performed under Arya Marriage Validation Act, 1937. After getting married the petitioners submitted an application before the Registrar of Marriages under section 15 of the Act of 1954. The said application was rejected on the ground that the petitioner No. 2 did not submit the no objection certificate from German Embassy in requisite form and petitioner No. 1 did not submit the death certificate of his previous wife. Thereafter the petitioners submitted a fresh application along with all the requisite documents. However, the second application also suffered the fate of dismissal vide order dated 18.7.2011 passed by the Registrar but this time on the ground that the period of Visa of petitioner No. 2 was already expired.

(2.) Feeling aggrieved, the petitioners filed appeal under section 17 of the Act of 1954 before the District Judge. The learned 4th Additional District Judge, Jabalpur vide impugned order dated 20.4.2012 though recorded a finding that the reasons for rejection of the petitioners' application for registration of marriage are not justified but declined to allow the appeal solely on the ground that the petitioner No. 2 is not a citizen of India and as such the marriage between the petitioners cannot be registered. Challenging the said order this petition is filed.

(3.) Learned counsel for the petitioners has argued that section 1(2) of the Act of 1954 do not bar registration of marriage between Indian citizen and citizen of any other country. In support of his submission learned counsel for the petitioners has placed reliance on a judgment passed by Division Bench of Orissa High Court in the case of Firoz Khan and another v. Union of India, 2007 AIR(Ori) 81