VIPIN P G Vs. STATE OF KERALA
LAWS(KER)-2025-1-24
HIGH COURT OF KERALA
Decided on January 31,2025

Vipin P G Appellant
VERSUS
STATE OF KERALA Respondents




JUDGEMENT

- (1.)Is it permissible to register a marriage solemnized outside India between an Indian citizen and a foreign national under the Special Marriage Act?
(2.)The 1st petitioner, an Indian citizen, married the 2nd petitioner, an Indonesian citizen, on 1/2/2014 at the office of the Religious Affairs Republic, Jakarta, Indonesia. They have a child born in their wedlock. Currently, the petitioners are residing in Poomangalam Grama Panchayath, Thrissur. To formally recognise their marriage, the petitioners have submitted Ext.P3 joint application before the Marriage Officer (the 3rd respondent) to register their marriage under the Special Marriage Act. Instead of registering the marriage, the 3rd respondent has sought for a clarification from the District Marriage Officer. Regrettably, the 2nd respondent has not responded to the inquiry. The petitioners have fulfilled all the conditions stipulated under the Special Marriage Act. The refusal on the part of the respondents to register the petitioners' marriage is violative of Article 21 of the Constitution of India. Hence, the writ petition.
(3.)Heard; Sri. Jinish Paul, the learned counsel for the petitioners, Smt.Vidya Kuriakose, the learned Government Pleader, Sri. T.C. Krishna, the learned Deputy Solicitor General of India and Sri.Thomas C.Abraham, the learned Amicus Curiae.


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