Case BriefsHigh Courts

Delhi High Court: The Bench of Vibhu Bhakru, J.allowed petition filed by foreign citizens and directed the Registrar of Marriage to issue Certificate of Marriage to them.

Petitioners, in this case, were working in the British High Commission, New Delhi. One of them was a Canadian citizen while other was a British citizen. They got married in terms of the Special Marriage Act, 1954 and filed an application for registration of marriage. However, the Certificate of Marriage could not be issued as the software used by the Registrar’s Office did not accept data regarding the marriage of two foreign citizens; at least one party (either husband or wife) had to be an Indian citizen. Thus present petition was filed through Jai Bansal, Advocate.

The High Court noted that marriage of two foreign citizens can be registered under the Special Marriage Act. Also, the factum of the marriage of petitioners was not disputed. It was also noted that the petitioners had complied with the provisions of the Act in making a declaration in terms of Proviso to Section 12(2). In such view of the matter, it was held that the Registrar was required to issue a certificate in terms of Section 13 in the form as set out in the Fourth Schedule of the Act. Thus the present petition was allowed by directing the petitioners to appear before the Registrar on 29-01-2019. The Registrar was directed to issue the certificate and to take necessary steps for upgrading and modifying the software for registration of marriages and issuing of certificates. [Bhumika Mohan Jaisinghania v. Registrar of Marriage, 2019 SCC OnLine Del 6538, Order dated 14-01-2019]

Case BriefsHigh Courts

Kerala High Court: A Single judge bench comprising of Alexander Thomas, J. allowed a petition seeking mandamus against Marriage Registrar and directed him to correct errors in petitioner’s marriage certificate in the presence of two witnesses and a signed declaration of his wife expressing her consent thereto.

The petitioner’s wife was employed in USA and he had to submit his papers before the immigration authorities who advised him that the name in his marriage certificate should be the same as in his birth certificate and passport. In order to correct his name as contained in his marriage certificate, the petitioner submitted an application before Marriage Registrar under Section 49 of the Special Marriage Act, 1954 which stipulates correction of erroneous entries in a marriage certificate to be made in the presence of persons married.

The petitioner submitted that his wife was residing in USA and it was not practically feasible for her to come down to Kerala only for the purpose of taking action in relation to his application. It was averred that Section 49(1) permits taking of action for correction of erroneous entries even in the absence of the parties, in the presence of two other credible witnesses.

In view of the above, the High Court held that in case the petitioner’s wife cannot come over to Kerala, then a declaration signed by her may be submitted before the

Marriage Registrar stating that she fully concurs with the petitioner’s for correction of entries in their marriage certificate. Further, it should be ensured that two credible witnesses, preferably parents of the petitioner or that of his wife or any other responsible relatives in their family be present before the Marriage Registrar for effectuating action as envisaged in Section 49(1) of the Act.

Accordingly, a mandamus was issued to the respondent directing consideration of the petitioner’s request.[Rinilraj Raju v. Department of Registration, 2018 SCC OnLine Ker 4895, decided on 31-10-2018]