Held- Special Marriage Act does not bar Indians to marry foreigners.
The petitioner, an Indian citizen, desired to enter into a marriage with one Sandeep Devanatha Pillai, who was a person of Indian origin; but now a Canadian citizen. An objection was raised allegedly on the ground that the marriage was intended to be entered into with a Canadian citizen and, hence, the provisions of the Special Marriage Act cannot be invoked.
Relying upon its earlier judgment in the case of Rajeev v. State of Kerela 2001 (1) KLT 578 the Court categorically found that the Special Marriage Act does not contain any prohibition for solemnisation of the marriage, if one of the parties is a foreigner.
The intending bridegroom had also given Exhibits indicating that there was no provision as per the Canadian law for issuance of a certificate that a Canadian citizen was free to marry and that such a certificate was not required under the Canadian law.
Thus a bare reading of the said provision that is Section 4 of the act has the words “any 2 persons”. Keeping this in mind and also the exhibits provided the writ petition was thus allowed.