Two foreigners who got married in India move Delhi HC, seek registration of marriage
Aug 06, 2021
By Sushil Batra
New Delhi [India], August 6 : Two foreign nationals married to each other in the national capital recently have moved the Delhi High Court seeking direction from concerned authorities to register their marriage under "The Special Marriage Act, 1954" and issue a certificate to that effect, in offline mode.
The Bench of Justice Rekha Palli on Friday sought the response of the Delhi government and concerned authorities in the matter and slated the matter for hearing on August 11.
The petition states that the husband Aryan Arianfar a French national had married Husna Noori an Afghan national in New Delhi in April, 2021 as per Islamic laws, during their stay in India. The couple intends to return to France permanently.
The Petitioners after solemnization of the marriage approached the French Embassy for obtaining spouse visa for wife (Afghan national). However, the petitioners were informed by the French Embassy that a certificate of registration of marriage under 'The Special marriage Act, 1954' or under 'Hindu Marriage Act' or a certificate of marriage registered with the competent registrar is required for the same, plea read.
Thereafter the Petitioners visited the e-District Delhi website/portal of Delhi government respondent as the appointment for registration is fixed through the said portal. However, Petitioners could not register themselves for submitting the application for registration of their marriage as the said portal does not have any provision for registration of foreign nationals, plea states.
For registration on the portal, it is necessary that the individual possesses either Aadhaar or Voter ID whereas the Petitioners being foreign citizens possess none of the two documents, plea highlights.
The plea further alleged that the registrar of marriage has arbitrarily refused to register the marriage of the Petitioners whereas as under 'The Special Marriage Act, 1954,' the Petitioners, despite being foreign citizens, are entitled to get their marriage registered under the act. As the wife is unable to accompany her husband from India to France in absence of the registration of her marriage which has been solemnised in India under Islamic laws, and the same poses threat of separation of the Petitioners against their will, the plea said
