JUDGEMENT
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(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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