FIROZ KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners in the present writ petition have challenged the legality of the order dated 18-10-2006 passed by the Marriage Officer, Balasore- opposite party No. 4 in Proceeding No. 33 of 2006, refusing to register the marriage between the petitioner Nos. 1 and 2 under the Special Marriage Act, 1954 (hereinafter referred to as 'the Act').

(2.) The facts as averred in the writ petition reveal that the petitioner No. 2 is a French National and had been visiting Orissa on the basis of an education Visa since last two years for undergoing a course in Odissi Dance. During such stay at Bhubaneswar in Orissa, she developed acquaintance with the petitioner No. 1 who is an Indian National which culminated in a proposal of marriage between them, with approval of their respective parents. It further transpires that the petitioner No. 2 came to India in June, 2006 on the strength of a Tourist Visa issued by opposite party No. 1, which was endorsed on her French Passport (Annexure-1). In accordance with the said Visa, she has been allowed to stay in India till 1-11-2006. The petitioners further contend that as per the policy of the Government of India, a Tourist Visa is not ordinarily supposed to be extended, but however, if any Foreign National while staying in India on the strength of such Visa gets married with an Indian Citizen and produces a valid certificate of marriage, the said Visa can be converted to a Visa under 'X' category which can be extended periodically up to five years to enable such person to apply and acquire Indian Citizenship under the provisions of the Citizenship Indian Act. 1955.

(3.) The petitioners are stated to have got married as per the rites and rituals of Muslims Personal Law before a Kazi in presence of their relatives on 16-9-2006. The certificate granted by the French Embassy annexed as Annexure-3 to the writ petition discloses as follows : <FRM>JUDGEMENT_81_AIR(ORI)_2007Html1.htm</FRM>