Pranav B Prem

The Kerala High Court has ruled that marriages conducted outside India, where one party is an Indian citizen, can only be registered under the Foreign Marriage Act, 1969 (FMA) and not under the Special Marriage Act, 1954 (SMA). The Court clarified that while marriages between two individuals, regardless of nationality, can be solemnized and registered in India under the SMA, marriages performed abroad fall within the ambit of the FMA. A Bench of Justice C.S. Dias delivered the ruling in a writ petition filed by a couple—an Indian citizen and an Indonesian national—who had solemnized their marriage in Indonesia under its civil laws and sought registration under the SMA in India.

Marriage Conducted Abroad Cannot Be Registered Under SMA

The petitioners, Vipin P.G., an Indian citizen, and his wife, an Indonesian national, had married on February 1, 2014, at the Office of the Religious Affairs Republic, Jakarta, Indonesia. They later applied for registration of their marriage under the SMA before the Marriage Officer in Kerala. However, instead of proceeding with registration, the Marriage Officer sought clarification from the District Marriage Officer, who did not respond. The Court, after reviewing the provisions of both the SMA and FMA, held: “On a comparison of the provisions of the Special Marriage Act and the Foreign Marriage Act, it is apparent that a marriage between parties, of whom at least one is a citizen of India, can be solemnised and/or registered or certified before a Marriage Officer in a foreign country under the provisions of the Foreign Marriage Act and a marriage between two persons can be solemnised and/or registered in India under the provisions of the Special Marriage Act.”

Legal Distinction Between Special Marriage Act & Foreign Marriage Act

The High Court analyzed the preamble and key provisions of both statutes. It noted that:

• The SMA applies to marriages solemnized within India and allows registration of marriages celebrated in other forms within the country.

• The FMA, on the other hand, specifically governs marriages where at least one party is an Indian citizen and the marriage has been solemnized abroad. It provides for registration of such marriages before a Marriage Officer at an Indian consulate in the foreign country.

The Court highlighted the definition of a “foreign country” under Section 2(c) of the FMA, which states: “A ‘foreign country’ means a country or place outside India.” Additionally, the Court pointed out that Sections 17, 23, and 24 of the FMA deal with:

• Registration of marriages solemnized under other laws,

• Recognition of marriages performed under foreign laws, and

• Certification of marriage documents in accordance with local laws.

Precedents On Foreign Marriage Act

The High Court referred to previous judgments reinforcing that marriages performed abroad must be registered under the FMA. It cited Gracy and Others v. P.A. Mathiri and Others (2005 KHC 948), which outlined four scenarios under the FMA:

1. Marriages solemnized before a Marriage Officer in a foreign country.

2. Deemed solemnization under Section 17 of the Act.

3. Recognition of marriages performed under foreign laws.

4. Certification of documents related to such marriages.

In Thresiamma Manshoven v. Manshoven Jacques Joseph (2019 (3) KHC 404), another Bench reiterated this interpretation, affirming that a marriage performed abroad cannot be registered under the SMA.

Registration Must Be Done Through Indian Consulate In Foreign Country

The Court noted that the petitioners’ marriage certificate from Indonesia had been attested by the Embassy of India, Indonesia, but it had not been registered or certified under the FMA. “On verifying the Ext.P1 marriage certificate, this Court finds that Ext.P1 is only attested by the Embassy of India, Indonesia, and not registered/certified under the Foreign Marriage Act.” The Court further clarified that as per Arun R.K. v. State of Kerala (2023 (2) KHC 391), marriages must be registered through the online mode if the couple resides in India. Given that the petitioners currently reside in Kerala, the Court extended these guidelines to them, directing the Indian Marriage Officer in Indonesia to facilitate online registration/certification of their marriage under the FMA.

Court’s Directions

Dismissing the writ petition, the High Court issued the following directives:

1. The petitioners’ prayer to register their marriage under the provisions of the Special Marriage Act is declined.

2. The petitioners are at liberty to submit an online request to the 4th respondent to get their marriage registered/certified as per the provisions of the Foreign Marriage Act.

3. If the petitioners submit the request, the 4th respondent shall process it through video conferencing as per the guidelines laid down in Arun. R.K’s case (supra).

4. The office of the learned DSGI shall extend all the necessary support to the petitioners for the above purpose.

The Court concluded: “The petitioners’ prayer to register their marriage under the provisions of the Special Marriage Act is declined. If the petitioners submit an online request, the 4th respondent shall process it through video conferencing as per the guidelines laid down in Arun R.K’s case.” This ruling reaffirms that marriages conducted abroad, where one party is an Indian citizen, must be registered under the Foreign Marriage Act.

Cause Title: Vipin P G & Anr. v. State of Kerala & Ors.

Case No: WP(C) NO.36871 OF 2024

Date: January-31-2025

Bench: Justice C.S. Dias

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