Any Indian can now marry a foreign national in the national capital even if he or she has not been provided with the prescribed “no-objection certificate” by the concerned embassy about the marital status of their citizen. A circular to this effect issued by the AAP government deputy commissioner Juhi Mukherjee has relaxed the requirement with some riders to ease marriage process of the locals with foreign nationals.
The circular has been issued by the city government’s revenue wing following complaints that certain embassies had been refusing to provide the prescribed NoC required by the department to ascertain martial status of their respective citizens. The circular has been issued in connection with cases where the embassies neither communicated any objection nor furnished any NoC to their citizens to marry Indian citizens.
In cases where the embassies have not been responding, the circular said that the concerned person may be asked to furnish an affidavit duly attested by the official of the concerned embassy in India. “If the embassy chooses not to attest even the affidavit, the foreign national may get the affidavit attested by an executive magistrate on the basis of identity disclosed through the passport,” it said.
The circular, however, made it clear that in such cases, marriage certificate may then be issued with a footnote disclaimer saying that the “marriage is being registered on the basis of documents furnished by the parties engaged in/ having solemnised the marriage. “The marriage officer is not certifying the authenticity of the documents. The party to the marriage shall be personally responsible for any persuasion, fraud or violation of any law for the time being in force,” it added.
The circular has been issued in connection with the marriages involving foreign nationals under Section 15 of the Special Marriage Act, 1954 which states any marriage celebrated, whether before or after the commencement of the Act, other than a marriage solemnised under the Special Marriage Act, 1872 (III of 1872) or under this Act, may be registered by a marriage officer in the territories to which the Act extends if certain conditions are fulfilled.
The conditions specified in the Act state: “The ceremony of marriage has been performed between the parties and they have been living together as husband and wife ever since; neither party has at the time of registration more than one spouse living; neither party is an idiot or a lunatic at the time of registration; the parties have completed the age of 21 years at the time of registration; the parties are not within the degrees of prohibited relationship: provided that in the case of a marriage celebrated before the commencement of this Act, this condition shall be subject to any law, custom or usage having the force of law governing each of them which permits of a marriage between the two; and the parties have been residing within the district of the marriage officer for a period of not less than 30 days immediately preceding the date on which the application is made to him for registration of the marriage.”
