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Can Couples Register Their Union Under Special Marriage Act, Even If Both Partners Are Not Indians?
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India, 10 March 2023 7:02 AM GMT
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Guest Author : Vakilsearch
Vakilsearch.com is the pioneer online platform that provides legal services to startups, corporates and professionals in India.
The couple went to the high court last year because, despite having lived in the city for more than six months, they were unable to submit an online application for marriage registration since at least one applicant had to be an Indian citizen.
The court was considering a request for marriage registration made by a couple consisting of an American citizen and a Canadian citizen with an Overseas Citizen of India (OCI) card, based on the Special Marriage Act. The male is a Christian, whereas the woman is a Hindu. Both people live and work in the government centre.
The couple went to the high court last year because, despite having lived in the city for more than six months, they were unable to submit an online application for marriage registration since at least one applicant had to be an Indian citizen.
The couple informed the court that SDM (Defence Colony) refused to accept their application for registration of marriage and that the Delhi Government website prohibits the submission of an online form if at least one party is not an Indian citizen.
'Special Marriage Act'
According to the Delhi HC in reference to the Special Marriage Act - "Sub-Sections (a), (b), (c) and (d) of Section 4 do not make any reference to citizens. It is only in Sub-Section (e) of Section 4, where the statute requires that in case of marriages solemnised in Jammu and Kashmir, both parties have to be citizens of India,"
The Delhi High Court has held that there is no requirement of "at least one party being a citizen of India" for solemnising and registering a couple's marriage under the Special Marriage Act provisions. In addition to this, Justice Prathiba of the Delhi HC observed that the law says "any two persons" and not "citizens" can seek solemnisation of their marriage under the Act.You must first provide the required documentation to their experts. After assessing the required materials, they will begin the online marriage certificate application procedure. They will also make sure everything runs without a hitch.
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