Foreigners move Delhi HC for tie-up under Special Marriage Act

NEW DELHI: Delhi high court on Wednesday said the state can't argue that it will not recognise the marriage of an interfaith couple.

It agreed to examine a petition filed by two foreigners, seeking solemnisation and registration of their intended marriage under the Special Marriage Act .

Justice Yashwant Varma allowed counsels for the petitioners as well as the Delhi government to file a synopsis of their submissions, but also wondered if foreigners, because they live in India, can claim the benefits under the Special Marriage Act.

The counsel for the petitioners said his clients, belonging to two faiths, had been residing in Delhi for more than six months and intended to solemnise and register their marriage under the Act, but were unable to apply online as the website required at least one party to be an Indian.

The lawyer submitted that one of his clients is an Overseas Citizen of India (OCI) and argued that the right to get married is part of their right to life. The counsel for Delhi government contended that while "marriage tourism" couldn't be allowed on principle, in genuine cases, non-Indian parties residing here for a sufficient period might be permitted to solemnise their marriage under the Act.