NEW DELHI: The Delhi High Court on Wednesday agreed to hear a petition filed by two foreign nationals, who sought solemnization and registration of their marriage under the Indian marriage law pertaining to inter-faith couples. One of the petitioners is a Hindu Canadian citizen who holds an OCI card and the other is a Christian American citizen.
Justice Yashwant Varma allowed the counsels for the petitioners as well as the Delhi government to file their submissions. “It is not possible for the State to prevent any inter-faith couple to marry,” the court observed.
However, the court questioned whether just because the petitioners residing here would entitle them to claim the benefits under the Special Marriage Act. The counsel for the petitioner told the court that his clients, who belong to two different faiths, have been residing in Delhi for more than six months and intend to solemnize and register their marriage under the Special Marriage Act, but are unable to apply online as the website requires at least one of the parties to be an Indian.
The petitioners’ lawyer submitted that one of his clients is an Overseas Citizen of India and the right to get married is part of the petitioners’ right to life. The court fixed December 15 as the next date of hearing in the case.