Register Marriage Of Indian With Foreign National: Hc To Registrar | Jaipur News
The court further directed the state government to make amendments and formulate guidelines for such cases in which a foreign national was getting married to an Indian national.
As per the case, a Belgian national got married to the Indian woman on January 18, 2020.On January 20, the couple went to get their marriage registered. The registrar refused to do so. The couple approached the high court on February 18, seeking approval of their marriage registration. Kapil Prakash Mathur, counsel for the petitioners, told TOI, “Section 8 of the Hindu Marriage Act, 1955, deals with the process of registration of Hindu marriages and a complete mechanism has been provided for the state government for compulsory registration of marriages. It is nowhere mentioned that a foreign national cannot get his or her marriage registered in India under the Act. Even in the application there is no column that prohibits any foreign national to get registration of his/her marriage “ “We pleaded before the court that the idea of not registering the marriage of a couple where the bridegroom is a foreign national is not sustainable,” said Mathur.
Mathur added that the court has asked the government to formulate guidelines and make amendments in the e-portals to facilitate couples providing valid proof of their marriage to get their certificate. Hearing the arguments, the bench of Justice Anoop Dhand in the order said, “ It is clear that the denial of registration of marriage amounts to violation of Right to equality. Marriage registrar should register the marriage and issue the certificate of registration. It would be subject to the satisfaction that the petitioners have solmemnized valid marriage as per sections 5 and 7 of the Act of 1995.”
“Before parting the order, a general mandamus is issued to the respondents and the chief secretary to amend their guidelines and requisite format of application for registration of marriage. Also it is further directed to take steps for editing the requirement on the e-portal under the Hindu Mariage Act, 1955 as well as Special Marriage Act, 1954,” the court said.
We also published the following articles recently
A 23-year-old schoolteacher, Gautam Kumar, refuses to accept his bride after being forced to marry at gunpoint. He was released by the kidnappers and claims to have been shabbily treated in captivity. Gautam alleges that his image was tarnished by the girl’s family who made his photograph viral on social media. He fears for his life and has been receiving threats from the girl’s family. Gautam reveals the sequence of events, including being dragged out of the classroom, forced into a car, and taken to different locations during his captivity.
Kerala CM Pinarayi Vijayan ridiculed the comments made by an Islamic scholar accusing the CPM, DYFI, and SFI of brainwashing Muslim women for interfaith marriages. He clarified that Left organizations were not running intercaste marriage bureaus and stated that if two people liked each other and decided to get married regardless of their faith, no one could stop them. The scholar had alleged that the CPM and its youth organizations supported the abduction of Muslim women for marrying non-Muslim men. He called on Mahallu committees to be vigilant and fight against the denouncement of religion.
