Sub Registrar Can’t Insist On NOC From Embassy For Marrying Foreign National Under Special Marriage Act: Kerala High Court
The petition before the Kerala High Court was filed by a man seeking a direction to process his application under the Special Marriage Act.
Justice Easwaran S., Kerala High Court
While asking the Sub Registrar to process the application for solemnisation of marriage of an Indian citizen with a Sri Lankan national under the Special Marriage Act, 1954, the Kerala High Court has held that the Officer cannot insist upon an NOC from the Embassy in such cases.
The petition was filed by a man before the High Court seeking a direction to the Sub Registrar (Marriage Officer) to process his application to solemnise the marriage under the Special Marriage Act, 1954.
The Single Bench of Justice Easwaran S. held, “In the light of the law declared by this Court in Saranya R. A. v. State of Kerala and Others [W.P.(C) No. 249 of 2019] decided on 04.01.2019, there cannot be any insistence on the part of the 2nd respondent which requires the petitioner to obtain a NOC from the Embassy.”
Advocate Harigovind S. Nair represented the Petitioner, while Government Pleader Imam Grigorious Karat represented the Respondent.
Factual Background
The petitioner had filed an application to solemnise the marriage under the Special Marriage Act, 1954, to marry a Sri Lankan national. When the notice of intended marriage, along with a notarised affidavit, was submitted, the Sub Registrar (Marriage Officer) insisted that the petitioner obtain a No Objection Certificate (NOC) from the Embassy. According to the petitioner, the requirement to furnish an NOC from the Embassy was no longer a requirement of law in the light of the judgment of the High Court in W.P.(C) No. 249 of 2019.
Reasoning
The Bench relied upon the judgment in Saranya R. A. v. State of Kerala and Others (2019), wherein it has been reiterated that the Special Marriage Act does not contain any prohibition for the solemnization of the marriage, if one of the parties is a foreigner.
The Bench held that there cannot be any insistence on the part of the Sub Registrar which requires the petitioner to obtain a NOC from the Embassy.
The Bench thus ordered, “Accordingly, this writ petition is disposed of directing the 2nd respondent to process and solemnize the marriage under the Special Marriage Act, 1954, without insisting on the NOC from the Embassy as well as additional documents. The needful shall be done immediately on the expiry of the statutory period after submission of Ext. P3 notice.”
Cause Title: A v. State Of Kerala (Neutral Citation: 2026:KER:33547)