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1 - 4 of 4 (0.16 seconds)Section 5 in The Special Marriage Act, 1954 [Entire Act]
V.Rajeev vs State Of Kerala on 30 May, 2008
6. The matter in issue is no longer res integra and is covered fully
against the respondents and in favour of the petitioners on the basis of the
dictum laid down by this Court in a series of cases as in Rajeev v. State of
Kerala [2001(1) KLT 578], Vivian Varghese v. State of Kerala
[2015(3) KLT 21] and Prasyanth Sreenivasan v. Sub-Registrar,
Alapuzha [2018(3) KLT 545], wherein this Court has held in no
uncertain terms that there are no provisions whatsoever in the provisions
of the Special Marriage Act, 1954, which prohibit marriage between an
Indian citizen and a foreign citizen and the administrative circulars issued
in that regard by the Department of Registration not to solemnize such a
marriage between a citizen of India and a Foreign citizen as per the Special
Marriage Act have also been quashed by this Court as ultra vires and
unenforceable. Ext.P6 is also one such judgment rendered on 04.01.2019
by this Court in W.P.(C).249 of 2019 wherein the same legal position has
been reiterated in no uncertain terms. Accordingly, it is only to be ordered
and declared that the stand of the respondents that the marriage between a
citizen of India and a Foreign citizen cannot be solemnized under the
provisions of the Special Marriage Act, 1954 is illegal, ultra vires and
W.P.C.No.2215/2019 5
unenforceable.
Vivan Varghese vs The State Of Kerala on 8 June, 2015
6. The matter in issue is no longer res integra and is covered fully
against the respondents and in favour of the petitioners on the basis of the
dictum laid down by this Court in a series of cases as in Rajeev v. State of
Kerala [2001(1) KLT 578], Vivian Varghese v. State of Kerala
[2015(3) KLT 21] and Prasyanth Sreenivasan v. Sub-Registrar,
Alapuzha [2018(3) KLT 545], wherein this Court has held in no
uncertain terms that there are no provisions whatsoever in the provisions
of the Special Marriage Act, 1954, which prohibit marriage between an
Indian citizen and a foreign citizen and the administrative circulars issued
in that regard by the Department of Registration not to solemnize such a
marriage between a citizen of India and a Foreign citizen as per the Special
Marriage Act have also been quashed by this Court as ultra vires and
unenforceable. Ext.P6 is also one such judgment rendered on 04.01.2019
by this Court in W.P.(C).249 of 2019 wherein the same legal position has
been reiterated in no uncertain terms. Accordingly, it is only to be ordered
and declared that the stand of the respondents that the marriage between a
citizen of India and a Foreign citizen cannot be solemnized under the
provisions of the Special Marriage Act, 1954 is illegal, ultra vires and
W.P.C.No.2215/2019 5
unenforceable.
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