In a significant judgment, the Kerala High Court directed the Mavelikkara sub-registrar (marriage officer) to register the marriage of a local resident with a Sri Lankan woman without insisting on a no-objection certificate (NOC) from the Sri Lankan embassy certifying the bride's single status.
Court Orders Solemnisation Without NOC
Justice S Eswaran, on Tuesday, directed the sub-registrar to solemnise the marriage of the petitioner within the statutory period prescribed under the Act, without insisting on an NOC from the foreign embassy. The 28-year-old petitioner from Mavelikkara had submitted an application before the sub-registrar on March 23, seeking solemnisation of his marriage with the Lankan national under the Special Marriage Act. The woman is currently residing in India on a valid visa.
Affidavits Submitted by Petitioner
The petitioner had also produced a notarised affidavit executed by the woman declaring her marital status as unmarried, thereby establishing her legal eligibility to marry. In addition, an affidavit issued by a competent authority in Sri Lanka confirming her marital status was submitted. However, the officer refused to register the marriage, insisting on an NOC from the Lankan embassy, which prompted the petitioner to approach the High Court.
High Court's Observation
Observing that the requirement imposed by the officer amounted to adding extra-statutory conditions and referring to a previous judgment of the court which mandates only a simple declaration of marital status, the High Court directed the officer to solemnise the marriage in accordance with the Act. The court emphasised that the officer cannot impose additional requirements beyond those prescribed under the Special Marriage Act. The judgment is expected to set a precedent for similar cases involving foreign nationals seeking marriage registration in India.
