Kerala High Court: In a writ petition challenging the refusal of Sub-Registrar (Marriage) to process and solemnise an intended marriage under the Special Marriage Act, 1954 (1954 Act), a Single Judge Bench of Easwaran S., J., held that a no-objection certificate (NOC) from the Embassy is not required for solemnising a marriage with a foreign national under the 1954 Act. The Court directed the Sub-Registrar to solemnise the marriage without insisting on an Embassy-issued NOC or any additional documents.
The petitioner applied to solemnise marriage under the 1954 Act. The proposed marriage was with a Sri Lankan national holding a valid passport. A notice of the intended marriage along with the notarised affidavit was submitted to the Sub-Registrar, who insisted the petitioner to obtain an NOC from the Embassy. The petitioner submitted that the NOC from the Embassy was no longer required and sought direction to the Sub-Registrar to solemnise the marriage.
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The Court relied on Saranya R.A. v. State of Kerala, 2019 SCC OnLine Ker 17811, and held that there could not be any insistence on the part of the Sub-Registrar requiring the petitioner to obtain a NOC from the Embassy.
Accordingly, the writ petition was disposed of with a direction to the Sub-Registrar to process and solemnise the marriage under the 1954 Act, without insisting on the NOC from the Embassy or any other additional documents. The Court further directed that the necessary steps be taken immediately upon expiry of the statutory period after submission of the notice.
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[X v. State of Kerala, WP(C) No. 15665 of 2026, decided on 5-5-2026]
