Embassy NOC Not Mandatory To Solemnize Marriage Between Indian & Foreigner Under Special Marriage Act: Kerala High Court

Justice Easwaran S. relied on a 2019 decision of the High Court [Saranya R. A. v. State of Kerala and Others], wherein it was clarified that there is no prohibition under the Special Marriage Act to solemnize a marriage between an Indian and a foreigner.

The petitioner before the Court had proposed to marry a Sri Lankan woman and accordingly, he filed an application before the Sub-Registrar to solemnize their marriage. When he submitted notice of intended marriage and notarized affidavit, the Sub-Registrar insisted the petitioner to produce a No Objection Certificate from the Embassy. Aggrieved, he approached the High Court.

The petitioner relied on the afore decision and prayed for a direction to the Sub-Registrar to process and solemnize the marriage as per Special Marriage Act.

The Court then gave a direction to the Sub-Registrar giving relief to the petitioner:

“In the light of the law declared by this Court in Saranya R. A. v. State of Kerala and Others…, there cannot be any insistence on the part of the 2^nd respondent [Sub-Registrar] which requires the petitioner to obtain a NOC from the Embassy…Accordingly, this writ petition is disposed of directing the 2nd respondent to process and solemnize the marriage under the Special Marriage Act, 1954, without insisting on the NOC from the Embassy as well as additional documents. The needful shall be done immediately on the expiry of the statutory period.”

Case No: WP(C) No. 15665 of 2026

Case Title: Vinu Vikraman v. State of Kerala and Anr.

Citation: 2026 LiveLaw (Ker) 239

Counsel for the petitioner: Harigovind S. Nair

Counsel for the respondents: Imam Grigorious Karat – Government Pleader

Click to Read/Download Judgment

Click to Read/Download Judgment in W.P.(C) No. 249 of 2019