Savvy Thakur
Published on: November 2, 2022 at 19:54 IST
The Delhi High Court observed on Wednesday that “there is no way” that the State can prohibit an interfaith couple from marrying, in response to a plea concerning the right of foreign nationals to solemnize and register their marriage under the Special Marriage Act, 1954.
Justice Yashwant Varma was hearing a plea from two interfaith foreigners who have been living in the national capital for more than six months and want to marry under the Special Marriage Act to stay in India.
While the woman, a Canadian citizen, practices Hinduism, the man is a Christian with American citizenship.
Justice Varma made the following remarks orally after the counsel for the petitioners mentioned the interfaith couple’s anxiety about getting married under the Special Marriage Act because other domestic laws prohibit their marriage:
“The State cannot prevent an interfaith couple from getting married.”
As a result, when the case was scheduled to be heard on December 15, the court gave the petitioners’ and the Delhi Government’s attorneys permission to submit written arguments and cite judgments.
“The petition addresses the Special Marriage Act’s right for foreign nationals to register and solemnize their intended marriage. Let the matter be called again on December 15 in order for the parties to advance detailed submissions and for the court to deal with the issue,” the court ordered.
According to Advocate Rishabh Kapur’s plea, the couple was advised to apply for their marriage under the Special Marriage Act through the official website of the Delhi Government.
However, it has been reported that after each party submitted their information, an error message stating “at least one party should be Indian” appeared. The couple was not permitted to continue.
In addition, it has been stated that the petitioners visited the concerned SDM’s office, where they were informed that the website required specific inputs.
In addition, the plea states that upon inquiry, the couple was informed that there is no offline application procedure for the Special Marriage Act.
In Aryan Arianfar & Anr vs. State Govt. of NCT of Delhi & Ors., a single judge’s instructions are cited in the plea, in which the Delhi Government was instructed to modify the e-portal and amend the guidelines so that foreign nationals whose marriages are solemnized in the national capital can apply for marriage registration.
In light of this, the plea argues that the government has not made any changes to the e-portal despite the fact that the aforementioned order has been in effect for more than 16 months.
According to the plea, “as such, the respondents are guilty of contempt of this Hon’ble Court’s directions” and that “necessary directions may be passed against the respondent to ensure timely compliance with the aforesaid order” are provided, the defendants are deemed to be in contempt.
As a result, the plea asks the Delhi Government and the SDM in question to allow the couple to physically submit the necessary documents and to formally register their marriage under the Special Marriage Act within a specified time frame.