Marriage Registration -- Marriage of Two Foreign Nationals -- Indian citizenship of a spouse not required under Special Marriage Act
(i) Special Marriage Act, 1954, S.15 -- Marriage Registration -- Marriage of Two Foreign Nationals -- Foreign nationals may apply for registration where both spouses are foreign nationals, as the requirement that one spouse be an Indian citizen is dispensed with by the amended guidelines -- Marriage Officer must entertain the application if other statutory and procedural requirements are met. (ii) Citizenship Act, 1955 -- Marriage Registration -- Overseas Citizen of India Card Holder -- OCI card is a form of registration and does not confer Indian citizenship -- Holder remains a foreign national for the citizenship requirement of the guidelines. (iii) Special Marriage Act, 1954, S.15 -- Marriage Registration -- Residence of Thirty Days Within Jurisdiction of Marriage Officer -- Residence requirement fixes the territorial jurisdiction of the Marriage Officer -- It cannot be waived on the ground of inconvenience. (iv) Hindu Marriage Act, 1955, S.2 -- Marriage Registration -- Marriage at Arya Samaj Mandir of Foreign Nationals -- Solemnisation by Hindu rites does not by itself show that husband is a Hindu -- Conversion needs independent proof -- Arya Samaj certificate is not conclusive of applicability of the Act or of a valid Hindu marriage -- Petitioner without such proof has no locus standi to challenge the registration conditions under that Act.
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