Declaration Proving 'Single' Status Of OCI Acceptable For Marriage Registration If Foreign Embassy Does Not Issue Bachelorhood Certificate: Kerala HC

The Kerala High Court has recently ruled that when an Indian citizen intends to solemnise their marriage with a OCI (Overseas Citizen of India) Card holder, any declaration evidencing their single status would be sufficient to register their marriage in India if the concerned foreign embassy does not issue certificates to that effect due to prevailing laws.   

Justice N. Nagaresh also opined that this was deemed necessary since no one can be compelled to perform an unattainable task that hinders the registration of their marriage. 

"This Court is of the view that if a Foreign Embassy does not issue a Single Status Certificate or NOC due to the law, rules and regulations prevailing in that country, Declarations or Certificates evidencing the same should be accepted in India for registration of marriage. This is for the reason that no one can be compelled to achieve an impossible task."

The petitioner, an Indian citizen decided to solemnise his marriage with a British Citizen holding an Overseas citizen of India card under the provisions of the Special Marriage Act, 1954.

Accordingly, they approached the Marriage Officer to register their marriage. In view of a circular issued in July 2021, the Officer asked them to produce a No Objection certificate and Bachelorhood Certificate issued by the concerned Embassy of the Foreign Nation. 

Since the respondents insisted on the production of these documents, the woman returned to Britain in November 2021 and approached the London Consular Directorate Office for the requisite certificates.

However, she was informed that British Government no longer issued a No Objection Certificate or Bachelorhood Certificate to its citizens to get married in Commonwealth Countries for the reason that marriage in the UK is governed by separate legislations in England and Wales, Scotland and Northern Ireland.

Thereafter, she executed an apostilled Single Status statutory declaration before a Solicitor authorised to Administer Oaths. 

However, the Marriage Registrar refused to accept this declaration. Aggrieved by the same, the petitioner moved the Court. 

Advocate U. Jayakrishnan appearing for the petitioner argued that when a foreign country does not issue a Bachelorhood Certificate to an Overseas Citizen of India, the authorities in India cannot refuse registration of marriage on that ground.

He added that the only legally possible alternative for the woman to prove her single status was to get a declaration from a competent attorney, which she did. The counsel also pointed out that the impugned declaration was duly Apostilled by her Majesty's Principal Secretary of State for Foreign, Commonwealth and Development Affairs,

On these grounds, it was urged that the Marriage Registrar was compellable to solemnise and register their marriage invoking the Special Marriage Act, 1954.

However, Senior Government Pleader Appu P.S. vehemently opposed the petition saying that in view of the 2019 Circular issued by the Union Home Ministry and 2021 circular issued by the State government, NOC and Bachelorhood Certificate from the Embassy of the country of the spouse is to be insisted for registration of marriage.

The Court noted that the Information Note issued by the British High Commission, New Delhi indicated that the Rules of English law regarding domicile were extremely complex. 

It also established that consular staff are not qualified to verify the domicile of an individual, the country of domicile, place of residence, the identity of an individual, marital status or criminal antecedents of a British National wishing to marry in India.

Therefore, Justice Nagaresh noted that it was obvious that she cannot obtain any Certificate relating to her marital status from the British Embassy.

It was also indisputable that the woman had produced a Single Status Statutory Declaration apostilled upon being informed that the Embassy does not issue the same.

In such circumstances, the Judge found that refusal to solemnise and register the marriage by the intending parties would result in grave injustice.

As such, the petition was disposed of with a direction to the Marriage Registrar to accept the declaration produced by the woman and proceed with the solemnisation and registration of their marriage if all other conditions have been satisfied. 

Case Title: Joel K. Yoyakkim v. Sub Registrar & Ors.

Citation: 2022 LiveLaw (Ker) 70

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