Two foreigners who got married in India move to Delhi HC and apply for marriage registration

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By Sushil Batra

New Delhi [India], Aug 6 (ANI): Two foreign nationals married in the nation’s capital recently asked the Delhi High Court to ask relevant authorities to register their marriage under the “Special Marriage Act, 1954” and issue a certificate for this purpose, in offline mode.

Judicial Rekha Palli requested a response from the Delhi government and relevant authorities in the case on Friday and scheduled a hearing on August 11.

The petition states that husband Aryan Arianfar, a French national, married Husna Noori, an Afghan national, in New Delhi in April 2021, in accordance with Islamic laws, while they were in India. The couple intend to return to France for good.

The Applicants after the celebration of the marriage applied to the French Embassy to obtain a spouse’s visa for women (Afghan national). However, the petitioners have been informed by the French Embassy that a certificate of marriage registration under the “Special Marriage Act, 1954” or under the “Hindu Marriage Act” or a certificate marriage certificate registered with the competent civil registrar is required for the same lis.

Subsequently, the applicants visited the Delhi government respondent’s e-District website / portal, as the appointment for registration is set through said portal. However, the applicants could not register themselves to submit the application for registration of their marriage because the said portal does not contain any provision for the registration of foreign nationals, indicates the means.

To register on the portal, it is necessary that the individual has either Aadhaar or a voter card while the applicants being foreign citizens do not have either of the two documents, underlines the plea.

The plea further alleged that the registrar arbitrarily refused to register the applicants’ marriage while under the “Special Marriage Law of 1954” the applicants, despite being citizens foreigners have the right to register their marriage under the law. As the wife cannot accompany her husband from India to France in the absence of registration of her marriage which was celebrated in India under Islamic laws, and this constitutes a threat of separation of the applicants against their will, according to the plea (ANI)