PremiumIn India, a couple's marriage may be solemnised and registered without the necessity that at least one party be an Indian citizen.
In India, any two people may apply to have their marriage solemnised as long as the requirements outlined in the law are met, the Delhi High Court has observed. Under the terms of the Special Marriage Act of 1954, a couple's marriage may be solemnised and registered without the necessity that at least one party be an Indian citizen, Justice Prathiba M Singh has noted. However, both parties have to be citizens of India in case of marriages solemnised in Jammu and Kashmir.
Despite the fact that Section 4 of the Act outlines numerous requirements pertinent to solemnising marriages under the statute, it is clear that the Special Marriage Act does not require that at least one party be an Indian citizen, the court observed.
The court noted the instructions provided by Delhi's Revenue department for the issuance of a marriage certificate. According to the rules stated by the department, either the groom or the bride requesting a marriage registration must be an Indian citizen.
But, the Special Marriage Act's statutory provisions are violated by the guidelines, according to Justice Singh, who also noted that the authorities had not complied with earlier court orders in this area.
“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," Live Law quoted the court as saying.
According to Justice Singh, if the status report is not submitted in four weeks, a top official who is aware of the situation must appear in person or virtually in court.
In order to register their marriage under the Act, a couple—a Canadian citizen with an Overseas Citizen of India (OCI) card and an American citizen—filed a petition with the court. The man is a Christian while the woman practises Hinduism, both people live and work in Delhi.