Last Updated: January 13, 2023, 14:23 IST
The Delhi High Court on Friday allowed two overseas nationals from Canada and the United States working in Delhi to solemnise and register their marriage in the nationwide capital.
A single-judge bench of Justice Prathiba M Singh requested the couple to strategy the Sub-Divisional Magistrate on January 17 to submit the kind for solemnisation of marriage. The bench was listening to a plea filed by the Hindu-Christian couple from the US and Canada, in search of registration of marriage in India. The concern considerations the registration of marriage of a pair who should not Indians however have been in India for six months, wanting to marry and proceed staying in India.
It has been submitted that to solemnise their marriage underneath the Special Marriage Act, 1954, the couple was suggested to apply for the identical by means of the Delhi authorities’s official web site, www.edistrict.delhigovt.nic.in. However, as soon as the couple stuffed in their respective particulars on the web site and clicked ‘submit’, they had been prompted with an error message which learn: “At least one party should be Indian”.
The couple then visited the workplace of the Sub-Divisional Magistrate and enquired about the concern. They tried to impress upon the workplace of the SDM that there isn’t any bar on overseas residents who want to marry in India, significantly after they have been residing in India.
The couple was knowledgeable that the web site required the inputs to be made in a specific method and that it’s past the SDM management to settle for their utility.
The couple was knowledgeable that there isn’t any process to apply for solemnisation of marriage underneath the Special Marriage Act, 1954 in an offline mode, the plea added.
The plea referred to the High Court judgment whereby the courtroom allowed the facilitation of registration of the marriage of two overseas nationals underneath the Special Marriage Act, 1954 by means of offline mode and directed the division to take expeditious steps to amend related tips and make obligatory modifications in the e-portal to allow overseas nationals, whose marriages are solemnized in Delhi, to apply on the e-portal for registration of their marriage.
The counsel showing for the petitioner referred to the Special Marriage Act, which says any individual can solemnise a wedding. Additionally, the counsel showing for the division agreed with the petitioner and submitted that the division is reconsidering making modifications in the portal for the registration of the marriage.
The courtroom has directed the Delhi authorities to place a standing report report giving the particulars of steps taken for amending the tips and making modifications to the e-portal.
The courtroom has additionally directed the secretary of the division to seem earlier than it in individual on January 19 since the tips and the e-portal for the solemnisation of marriage haven’t been modified although instructions had been handed in 2019.
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