The Kerala High Court, in a judgment delivered by Justice C.S. Dias, has ruled that a marriage solemnized outside India between an Indian citizen and a foreign national cannot be registered under the Special Marriage Act, 1954. Instead, such marriages must be registered or certified under the Foreign Marriage Act, 1969.
Case Background
The writ petition (WP(C) No. 36871 of 2024) was filed by Vipin P G, an Indian citizen, and Madia Suhartika, an Indonesian national. The couple married on February 1, 2014, in Jakarta, Indonesia, in accordance with Indonesian civil laws. Now residing in Poomangalam Grama Panchayat, Thrissur, Kerala, they sought official recognition of their marriage in India by applying for its registration under the Special Marriage Act.
However, the Sub-Registrar (third respondent) sought clarification from the District Marriage Officer (second respondent), who failed to respond. Aggrieved by this inaction, the petitioners approached the High Court, contending that the refusal to register their marriage violated Article 21 of the Indian Constitution.
The petitioners were represented by advocates P. Jinish Paul, Aswini S., and Sneha V., while the respondents, including the State of Kerala and the Marriage Officer, were represented by Deputy Solicitor General of India T.C. Krishna and Government Pleader Smt. Vidhya Kuriakose. The Court also appointed Sri. Thomas C. Abraham as Amicus Curiae to assist in the matter.
Important Legal Issues
1. Whether a marriage between an Indian citizen and a foreign national solemnized outside India can be registered under the Special Marriage Act, 1954.
2. Whether such marriages should be registered under the Foreign Marriage Act, 1969.
Court’s Observations
Justice C.S. Dias made the following key observations:
– “The Special Marriage Act, 1954 applies to marriages solemnized within India, while the Foreign Marriage Act, 1969 governs marriages involving Indian citizens performed abroad.”
– “A marriage between an Indian citizen and a foreign national solemnized in a foreign country must be registered before the competent Marriage Officer in the concerned foreign country as per the Foreign Marriage Act.”
– “The refusal to register a foreign marriage under the Special Marriage Act is justified, as the legal framework for such registration is clearly provided under the Foreign Marriage Act.”
– “The petitioners’ marriage certificate, although attested by the Indian Embassy in Indonesia, has not been registered under the Foreign Marriage Act. The appropriate recourse is registration under the said Act, not the Special Marriage Act.”
Decision of the Court
1. The petitioners’ request to register their marriage under the Special Marriage Act was declined.
2. The petitioners were granted liberty to submit an online request to the Marriage Officer at the Indian Embassy in Indonesia for certification of their marriage.
3. The Court directed the Marriage Officer to process this request via video conferencing, following the procedure established in Arun R.K. v. State of Kerala (2023 (2) KHC 391).
4. The Deputy Solicitor General’s office was instructed to assist the petitioners in completing the registration process.
