Any foreign national in the national Capital can now marry an Indian even if he or she has not been provided with the prescribed ‘No Objection Certificate’ by their Embassy about their marital status. A circular to this effect issued by Delhi Government Deputy Commissioner Juhi Mukherjee has given the
relaxation with some riders to ease marriage process of Indians with foreign nationals in the country.
The circular has been issued following complaints that certain Embassies have been refusing to provide the prescribed NOC required by the department to ascertain marital status of their respective citizens.
In cases where Embassies neither communicate any objection nor furnish any NOC to their citizens to enter into wedlock with Indian citizens, the circular said, the concerned person may be asked to furnish an affidavit duly attested by the official of the concerned Embassy in India.
It said, “If the Embassy chooses not to attest even the affidavit, the foreign national may get the affidavit attested by an executive magistrate on the basis of identity disclosed through the passport.”
circular, however, made it clear that in such cases, marriage certificate may then be issued with a disclaimer at the foot note saying that the “marriage is being registered on the basis of documents furnished by the parties engaged in/having solemnised the marriage. It said, “The marriage officer is not certifying the authenticity of the documents. The party to the marriage shall be personally responsible for any persuasion, fraud or violation of any law for the time being in force.”
The circular has been issued in connection with marriages involving foreign national under Section 15 of the Special Marriage Act, 1954 which states any marriage solemnized before or after the commencement of the Act, other than a marriage solemnised under the Special Marriage Act, 1872 (III of 1872) or under this Act, may be registered by a marriage officer in the territories to which the Act extends if certain conditions are fulfilled.
