Marriages Solemnized Abroad By Indian Citizen With Foreigner Can Only Be Registered Under Foreign Marriage Act: Kerala High Court
Petitioners sought to register their marriage under the SMA in India however, the Marriage Officer requested clarification from the District Marriage Officer, and no response was forthcoming.
Justice CS Dias, Kerala High Court
The Kerala High Court ruled that marriages conducted outside India, where one party is an Indian citizen, can be registered under the Foreign Marriage Act (FMA). The Court also clarified that marriages between two individuals, irrespective of their nationality, can be solemnized and registered in India under the Special Marriage Act (SMA).
The Court addressed the case of petitioners—a couple where one is an Indian citizen and the other an Indonesian citizen—who had solemnized their marriage in Indonesia according to the civil laws of that country. The petitioners sought to register their marriage under the SMA in India. However, the Marriage Officer requested clarification from the District Marriage Officer, and no response was forthcoming.
A Bench of Justice C S Dias held, “On a comparison of the provisions of the Special Marriage Act and the Foreign Marriage Act, it is apparent that a marriage between parties, of whom at least one is a citizen of India, can be solemnised and/or registered or certified before a Marriage Officer in a foreign country under the provisions of the Foreign Marriage Act and a marriage between two persons can be solemnised and/or registered in India under the provisions of the Special Marriage Act.”
The Court reviewed the provisions of both the SMA and the FMA. It explained that the FMA applies to marriages where one of the parties is an Indian citizen and the marriage has been solemnized abroad. The law allows for such marriages to be registered before a Marriage Officer in a foreign country. The Court further clarified that the SMA, on the other hand, is specifically for marriages solemnized and registered within India.
According to the Foreign Marriage Act, a 'foreign country' is defined as any country or place outside India. The Act contains provisions to register marriages that were solemnized according to the laws of foreign countries. It also recognizes marriage certificates issued by authorities in those countries. As the petitioners had married in Indonesia under its civil laws, the Court concluded, “On analysing the scheme and provisions of both the Acts and their interpretation by this Court, there is no doubt that the petitioners are precluded from getting their marriage registered under the provisions of the Special Marriage Act.”
The Court ultimately dismissed the writ petition, affirming that the petitioners were not eligible to register their marriage under the SMA, but could do so under the Foreign Marriage Act.
Cause Title: Vipin P G & Anr. v. State of Kerala & Ors., [2025:KER:7805]
Appearance:
Petitioners: Advocates P.Jinish Paul, Aswini S., Sneha V
Respondents: DSGI T C Krishna, Government Pleader Vidhya Kuriakose, Advocate Thomas C Abraham (Amicus Curiae)
