Marriage Between Indian & Foreigner Solemnised Outside India Cannot Be Registered Under SMA
- Case Name: Yasmin v. The Union of India
The Kerala High Court recently ruled that a marriage between an Indian citizen and a foreigner solemnized outside India cannot be registered under the Special Marriage Act, 1954 (SMA) but can be registered or certified under the Foreign Marriage Act, 1969.
An Indonesian national and Indian citizen got married on Feb 1, 204 in Indonesia under Indonesian civil laws.
The petitioners approached the High Court, contending that the refusal to register their marriage violated Article 21 of Indian constitution.
The Court held that SMA only applies to marriages solemnized within India, if an Indian citizen marries a foreigner abroad, the marriage cannot be registered under the SMA.
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