HomeLegal AdviceSpecial Marriage Act Redefined: No Citizenship Requirement for International Unions, Decrees Delhi...

Special Marriage Act Redefined: No Citizenship Requirement for International Unions, Decrees Delhi HC

In a landmark ruling, the Delhi High Court redefined the application of the Special Marriage Act, emphasizing that the requirement of “at least one party being a citizen of India” is not obligatory for the solemnization and registration of a couple’s marriage under this legislation. The judgment underscores the Act’s inclusivity and unbiased approach towards marriage.

Justice Prathiba of the Delhi HC elucidated that the law’s verbiage specifies “any two persons,” rather than mandating the parties involved as “citizens.” This interpretation broadens the scope of the Act, enabling couples of international origin to avail themselves of its provisions.

A Revelation in the Legal Framework

The crux of the matter lies in the specific sections of the Act. Sub-Sections (a), (b), (c), and (d) of Section 4 do not make any reference to citizenship. It’s only under Sub-Section (e) of Section 4, applicable to marriages solemnized in Jammu and Kashmir, that the stipulation for both parties to be citizens of India is evident. The court’s verdict magnifies that this condition is not a blanket requirement across the entire Act.

This ruling has far-reaching implications, promoting unity and love across borders. It challenges the stereotypical understanding of marriage laws and reinforces the Special Marriage Act’s status as a pioneer in promoting personal choice in unions.

A Case That Ignited Change

The judgment’s roots trace back to a plea filed by a unique couple – one, a Canadian citizen with an Overseas Citizen of India (OCI) card, and the other, an American citizen. The duo, belonging to different religions and residing in the national capital, sought registration of their marriage under the Act. While the woman practices Hinduism and the man follows Christianity, their diverse backgrounds echo the very essence of the Act’s openness.

Their plea highlighted a discrepancy in the online registration process, which mandated at least one party to be an Indian citizen. This requirement had hindered their attempts to formalize their union. However, the court’s ruling sets a precedent for such cases, ensuring that legal processes do not hinder love’s global journey.

A Guiding Light for Future Unions

The court’s directive to the Sub-Divisional Magistrate to process the couple’s application without insisting on Indian citizenship emphasizes the essence of choice and personal freedom in matrimonial matters. The judgment not only corrects a misinterpretation but also paves the way for smoother registration of international unions.

Furthermore, the court’s emphasis on amending government guidelines to align with statutory provisions showcases its commitment to upholding the sanctity of the Act. By questioning the requirement of Indian citizenship, the court sends a powerful message about the importance of inclusivity and respect for diverse backgrounds.

Global Unions and Legal Progress

With this ruling, the Delhi High Court reiterates its stance on promoting a global perspective within a legal framework. The Special Marriage Act’s evolution from its inception to this milestone judgment reflects society’s growth and understanding of love beyond borders. As more countries grapple with issues of multicultural unions, this ruling can serve as a beacon of inspiration.

In a world where love often transcends nationalities, cultures, and faiths, the Delhi HC’s verdict reaffirms the Special Marriage Act’s significance as an enabler of harmonious unions and a guardian of personal freedom in choosing one’s partner.

Team Vakilsearch