'State Can't Prohibit Interfaith Couple To Marry': Delhi High Court On Foreign Nationals' Plea For Registration Of Marriage Under SMA

Dealing with a plea raising the issue of right of foreign nationals to solemnise and register their marriage under Special Marriage Act, 1954, the Delhi High Court on Wednesday observed that "there is no way" that the State can prohibit an interfaith couple to marry.

Justice Yashwant Varma was hearing a plea filed by two interfaith foreign nationals residing in the national capital for over six months, who intend to continue their stay in India and marry under the Special Marriage Act.

While the woman, a Canadian citizen, is a Hindu by religion; the man is an American citizen who is a Christian.

As the counsel appearing for the petitioners expressed the anxiety of the interfaith couple to get married under the Special Marriage Act as other domestic laws prohibit their marriage, Justice Varma orally remarked:

"There is no way that the State can prohibit an interfaith couple to marry."

Accordingly, while listing the matter for hearing on December 15, the court granted liberty to the counsel appearing for petitioners as well as the Delhi Government to file written submissions, along with judgments to be relied upon.

"The petition raises the issue of right of foreign nationals to solemnize and registration of their intended marriage under Special Marriage Act. In order to enable parties to advance detailed submissions and for the court to deal with the issue…let the matter be called again on December 15," the court ordered.

In the plea moved through Advocate Rishabh Kapur, It has been stated that the couple was advised to apply for their marriage under Special Marriage Act through Delhi Government's official website. However, it has been stated, that after filing their respective particulars, an error message prompted which read "atleast one party should be Indian". The couple was not allowed to proceed further.

It has further been stated that the petitioners also visited the office of SDM concerned wherein they were informed that the website required the inputs to be made in a particular manner. The plea adds that on enquiry, the couple was also informed that there is no procedure for applying for solemnization of marriage under the Special Marriage Act in an offline mode.

The plea places reliance on directions passed by a single judge last year in Aryan Arianfar & Anr v. State Govt. of NCT of Delhi & Ors, wherein the Delhi Government was directed to take steps for amending the guidelines and make necessary changes in the e-portal to enable foreign nationals, whose marriages are solemnized in the national capital, to apply for registration of their marriage.

In this backdrop, the plea submits that despite a lapse of over 16 months from the passing of the said order, no action has been taken by Government to make the changes to the e-portal.

"As such, the Respondents are guilty of contempt of this Hon'ble Court's directions and necessary directions may be passed against the Respondent to ensure timely compliance of the aforesaid Order," the plea states.

Accordingly, the plea seeks directions on Delhi Government as well as the SDM concerned to permit the couple to physically submit the requisite documents and solemnize and register their marriage under Special Marriage Act in a time bound manner.