On Wednesday, the High Court of Delhi 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 2 foreigners, seeking solemnisation & registration of their intended marriage under the Special Marriage Act.
Justice Yashwant Varma allowed counsels for the petitioners as well as the Delhi Govt 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 lawyer for the petitioners said his clients, belonging to 2 faiths, had been residing in Delhi for more than 6 months & intended to solemnise & 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) & argued that the right to get married is part of their right to life. The counsel for Delhi Govt 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.
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