Foreigners Can Register Marriages Under Special Marriage Act, Delhi Govt Must Take Steps To Amend Guidelines: High Court

The Delhi High Court has observed that there is no requirement of “at least one party being a citizen of India” for solemnization and registration of marriage of a couple under the provisions of Special Marriage Act, 1954.

Justice Prathiba M Singh noted that section 4 of the enactment leaves no doubt that any two persons can seek solemnization of their marriage so long as conditions stipulated in the provision are fulfilled.

“Sub-Sections (a), (b), (c) and (d) of Section 4 do not make any reference to citizens. It is only in Sub-Section (e) of Section 4, where the statute requires that in case of marriages solemnized in Jammu and Kashmir, both parties have to be citizens of India,” the court said.

Section 4 of the Act mentions various conditions relating to solemnization of marriages under the enactment.

“The statute having made a clear distinction between `any two persons’ in the initial part, in contradistinction with `citizens’ in Sub-Section (e) of Section 4, it is clear that the requirement of at least one party being a citizen of India is not required under the Special Marriage Act,” the court observed.

The court took note of the guidelines issued by the Revenue department of Delhi Government for issuance of a marriage certificate. The guidelines state that either groom or bride applying for marriage registration must be a citizen of India.

Justice Singh observed that the guidelines are contrary to the statutory provisions of the Special Marriage Act and that the directions passed previously by the court in this regard have not been implemented by the authorities.

“A status report shall be placed on record by the Secretary of the concerned Ministry GNCTD giving the details of the steps taken for amending the guidelines as also the steps taken for editing the requirements in the e-portal under the Special Marriage Act so as to ensure that the requirement of one of the parties being a citizen is not insisted upon,” the court said.

Justice Singh said that the status report shall be filed within four weeks, failing which a senior official aware of the matter shall join court proceedings either virtually or physically.

Perusing the decisions delivered by coordinate benches in Aryan Arianfar & Anr. v. State Govt. Of NCT of Delhi & Ors. and Bhumika Mohan Jaisinghani & Am v Registrar of Marriage & Ors, the court said that the authorities have to take expeditious steps for amendment of guidelines and make the required changes to the e-portal so as to enable foreign nationals, whose marriages are to be solemnized and registered in Delhi, to apply online for the same.

The court was hearing a plea filed by a couple — a Canadian citizen holding an Overseas Citizen of India (OCI) card and an American citizen, for registration of marriage under the Act. While the woman is Hindu by religion, the man is Christian. Both are residing and working in the national capital.

It was their case that the website of the Delhi Government does not permit for an online form to be submitted if one of the parties is not an Indian citizen, and that SDM (Defence Colony) refused to accept their application for registration of marriage.

The court permitted the petitioner couple to approach the SDM concerned on January 17 for submitting their form for solemnization and registration of marriage along with the requisite fee.

“The SDM shall process the same in accordance with the prescribed procedure without taking the objection that one of the persons has to be a citizen of India. Rest of the prescribed procedure shall be followed and the marriage shall be solemnized and registered in accordance with law,” the court said.

The matter will now be heard on April 20.

Title: ARUSHI MEHRA & ANR. v. GOVT. OF NCT OF DELHI & ANR.

Citation: 2023 LiveLaw (Del) 53

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