The petitioner is a permanent resident of Kannur District. She intends to contract marriage with a U.S. National of Indian origin. The petitioner has given a notice of marriage before the Marriage Officer of Ettumanoor under the Special Marriage Act. The Marriage Officer refused to receive the notice. Aggrieved thereby, the petitioner has approached this Court.
2. The petitioner can marry a foreign national under the Special Marriage Act. There is no bar. However there are no Marriage Officer appointed for this purpose in the foreign country for the purpose of serving notice as contemplated under Section 5 of the Special Marriage Act. On account of this, the authorities under the Special Marriage Act are refusing to register the marriage under the Special Marriage Act. This Court held that observation of the procedure is to ensure that foreign national had not contracted another marriage and he has no other prohibition in contracting marriage and therefore if credible information is provided, that can
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be acted upon for the purpose of registering marriage under the Special Marriage Act.
3. The petitioner relies on a certificate issued by the Registrar of State of New Jersey in relation to Mr.Lukose Joseph, whom the petitioner intends to contract marriage. It is submitted that in view of the above, the petitioner may be directed to contract marriage with him.
4. In such circumstances, I am of the view that the petitioner shall approach the Marriage Officer in Kannur District as the petitioner is a permanent resident of Kannur District. If the petitioner approaches the Marriage Officer in Kannur District, the Marriage Officer shall accept the petitioner's application in terms of the Special Marriage Act. However before the registration of the marriage, the petitioner shall produce duly attested copy of Ext.P4 issued by the Consulate of U.S.A. in India before the Special Marriage Officer in Kannur District.
The writ petition is disposed of as above.
Sd/-
vpv
A.MUHAMED MUSTAQUE JUDGE