Marriage Officer Can't Insist On Nepali Woman's Single Status Certificate To Solemnise Marriage Under SMA: Kerala High Court

K. Salma Jennath

31 Aug 2026 1:51 PM IST

  • Kerala High Court | Special Marriage Act
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    The Kerala High Court recently clarified that a marriage officer cannot refuse to solemnize a marriage under the Special Marriage Act, 1954 by citing expired “single status certificate”. [2026 LiveLaw (Ker) 474]

    Justice Harisankar V. Menon was considering a writ petition preferred by a man, who was aggrieved by the Marriage Officer's refusal to solemnize his marriage with a Nepali woman.

    According to the petitioner, he submitted a notice intending to marry a woman, who was a Nepali citizen. The “single status certificate” issued by the Nepal Embassy was also enclosed with the notice. Thereafter, the Marriage Officer issued an order saying that the marriage could not be solemnized since the “single status certificate” had expired. Challenging this, he has come before the High Court.

    The petitioner relied on two decisions [W.P.(C) No.15665 of 2026 and W.P.(C) No.249 of 2019] that held that “single status certificate” could not be insisted for registering a marriage as per the Special Marriage Act. The Government Pleader representing the State also agreed there is no such statutory mandate.

    Considering the submissions, the Court issued a direction to the 3rd respondent Sub-Registrar/Marriage Officer to permit solemization of the petitioner's marriage:

    there will be a direction to the 3rd respondent to act on the basis of the notice of intended marriage published on the notice board…and permit the petitioner to solemnise the marriage as applied for.”

    The Court, thus, disposed of the plea.

    Case No: W.P.(C) No. 27494 of 2026

    Case Title: Rakesh Kallampadath v. State of Kerala and Ors.

    Citation: 2026 LiveLaw (Ker) 474

    Counsel for the petitioner: K.C. Eldho, S. Bijilal, M.R. Alphy George, Hima Joseph, Almajitha Fathima, C.P. Abhilash

    Counsel for the respondents: Mohammed Shafi K. - Government Pleader

    Click to Read/Download Judgment

    K. Salma Jennath

    K. Salma Jennath

    Salma Jennath is a Principal Correspondent with LiveLaw, covering Kerala High Court

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