HMA, 1955| Marriage Registration Cannot Be Denied Solely Based On Foreigner Status: Rajasthan HC

The Rajasthan High Court recently held that a Marriage Registrar is not justified in denying the registration of a marriage solely based on the fact that one of the spouses is a foreign national.

The Single Judge Bench of Justice Anoop Kumar Dhand was dealing with a Writ Petition, filed under Article 226 of the Constitution, challenging the decision of the marriage Registrar to decline the registration of the Petitioners' marriage, citing the groom's foreign nationality and non-residency in India as grounds for refusal.

The question of law before the Court was “Whether the Registrar of Marriage can refuse to register a marriage only on the ground that one person of the couple is not a citizen of India?” while the other issue involved in the Petition was “Whether denial of registration of a foreign national, who solemnized marriage in India amounts to violation of his right of equality under Article 14 of the Constitution of India?”

The Respondent before the Court relied on Section 3 of the Rajasthan Compulsory Registration of Marriages Act, 2009 and submitted that as one of the persons in the couple is not a citizen of India, their marriage cannot be registered.

Considering the submissions, the High Court expressed the view that marriages represent sacred bonds that unite two individuals not only physically but also emotionally, mentally, and psychologically. It stated that marriage is more than a legal formality; it is a mutual agreement between two individuals to care for each other.

The Court further stated that the act of marriage can be described as the evolution of a relationship that brings together two people, two souls, two families, two tribes, and two races. Further, on the merits, the Court observed that the framers of the Constitution were careful not to withhold any fundamental rights from non-citizens that could jeopardize their existence or deprive them of liberty and equality.

Referring to the Hindu Marriage Act, the Court stated, "Sections 5 and 7 of the Act of 1955 never say that the Hindu who is solemnizing the marriage under the Hindu Marriage Act, 1955 should have domiciled in India. Meaning thereby this Act is applicable upon both the Hindus, domiciled in the territories to which the Act extends who are outside the territories."

Answering the first issue, the Court held that Section 8 of the Hindu Marriage Act, 1955 deals with the process of Registration of Hindu Marriages and a complete mechanism has been provided for the State Government for compulsory registration of the marriages but it is nowhere mentioned that a foreign national Hindu cannot get his marriage registered in India, if he/she has solemnized the marriage, as per the requirement of Section 5 and 7 of the Act of 1955.

The Court accordingly held, "It is explicit and ipso facto clear that for getting registration of marriage, it is not necessary that the party must be Citizen of India." Further answering the second issue of whether denial of marriage registration violates Article 14 of the Constitution, the Court stated, "It is explicitly clear that denial of registration of marriage of the petitioner No.2, being a foreign national, amounts to violation of Right to Equality (Article-14). The respondents cannot refuse to register the marriage of the petitioners only on this count that one of the couples i.e. the petitioner No.2 is not a citizen of India and he is a foreign national."

The Court observed, "If the parties applying for registration of marriage proves that they have performed a valid marriage within the territory of India, as per the provisions contained under the Hindu Marriage Act, 1954 or the Special Marriage Act, 1955, they can apply for registration of their marriage and the Registrar of Marriage cannot refuse or deny to register their marriage and issue certificate of marriage."

Cause Title: Ashwani Sharad Pendese & Anr. v. Registrar of Hindu Marriage & Anr. [S.B. Civil Writ Petition No. 2657/2010]

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