VASMI SUDARSHINI Vs. SUB REGISTRAR

JUDGEMENT

(1.) "There came a time when Rama was going to perform a huge sacrifice, or yajna, such as the old kings used to celebrate. But no ceremony in India can be performed by a married man without his wife ; he must have the wife with him, the sahadharmini, the "co-religionist" - that is the expression for a wife. The Hindu householder has to perform hundreds of ceremonies but not one can be duly performed according to the shastras, if he has not a wife to complement it with her part in it.

(2.) Vasmi Sudharshini P N is a resident of Kanyakumari. Rahul L.Madhu is an American national. Both fell in love. They want to get married. Rahul came down to India and submitted a joint application with the petitioner before the respondent under Sec. 5 of the Special Marriage Act, 1954 on 5/5/2022. Notice was published on 12/5/2022. Objections were received from Rahul's father and another. The marriage officer came to the conclusion that the objections are not reasonable. The mandatory 30 days period expired on 12/6/2022. The parties appeared before the respondent on 13/6/2022. For reasons not quite discernible, the respondent did not facilitate the solemnization of marriage in his presence. Rahul could not wait further as he had to return owing to Visa requirements. Now the demand made by the parties is that they should be allowed to solemnize their marriage under Sec. 12 of the Act even though the bride is in India and the bridegroom is in USA.

(3.) Sec. 12 of the Special Marriage Act, 1954 is as follows :