Marriage Officer Directed to Permit Indian-Nepalese Couple to Solemnise Marriage After Wrongful Refusal Based on Expired Embassy Certificate
KOCHI, August 18, 2026 — The Kerala High Court has struck down a Marriage Officer's refusal to solemnise a marriage between an Indian citizen and a Nepalese national, ruling that no statutory provision under the Special Marriage Act, 1954, mandates the production of a "single status certificate" or a No Objection Certificate (NOC) from a foreign embassy as a precondition for marriage registration.
Justice Harisankar V. Menon, hearing a writ petition filed by Rakesh Kallampadath, an Indian citizen who intended to marry Priya B.K., a citizen of Nepal, directed the Marriage Officer (3rd respondent) to act on the notice of intended marriage already published on the notice board and permit the petitioner to proceed with the solemnisation of marriage without further impediment.
Background of the Case
The petitioner, Rakesh Kallampadath, had submitted a formal notice of intended marriage to the Marriage Officer, expressing his intention to marry Priya B.K., whose Nepalese citizenship was duly established through a valid passport issued by the Government of Nepal. Along with the notice, the petitioner had also enclosed a "single status certificate" issued by the Embassy of Nepal, dated May 25, 2026.
However, the Marriage Officer refused to solemnise the marriage, issuing a communication informing the petitioner that the single status certificate was valid only until March 24, 2026, and therefore the marriage could not proceed on the basis of an expired document.
Aggrieved by this refusal, the petitioner approached the Kerala High Court through a writ petition challenging the Marriage Officer's decision.
Arguments Before the Court
Sri. K.C. Eldho, the learned counsel appearing for the petitioner, argued that there was no statutory requirement under the Special Marriage Act, 1954, for the production of a single status certificate or any NOC from a foreign embassy for the purpose of registering or solemnising a marriage. He placed reliance on two prior judgments of the Kerala High Court — a decision in W.P.(C) No. 249 of 2019 dated January 4, 2019, wherein a learned Single Judge had categorically held that no such certificate could be insisted upon for marriages under the Special Marriage Act, and a more recent judgment in W.P.(C) No. 15665 of 2026, which followed the same legal principle and reiterated that an NOC from an embassy was not a prerequisite.
The learned Government Pleader, Sri. Mohammed Shafi K., appearing for the State of Kerala, fairly conceded that there were indeed no provisions under the Special Marriage Act that required the production of such a certificate for solemnising a marriage.
The Court's Ruling
Justice Harisankar V. Menon, taking note of both the submissions and the consistent judicial precedent set by two prior Single Judge decisions of the same Court, held that the Marriage Officer's refusal was legally untenable. The Court observed that the Marriage Officer's action of basing his refusal on the alleged invalidity or expiry of the single status certificate was incorrect, since the certificate itself was not a statutory requirement in the first place.
The Court directed the 3rd respondent (Marriage Officer) to act on the basis of the notice of intended marriage that had already been published on the notice board and to permit the petitioner to solemnise the marriage as applied for. The writ petition was disposed of accordingly.
Significance of the Judgment
This ruling carries significant implications for inter-country marriages solemnised in India under the Special Marriage Act, 1954. By reaffirming that Marriage Officers cannot impose extra-statutory requirements such as embassy-issued single status certificates or NOCs, the Court has removed a bureaucratic hurdle that has frequently delayed or obstructed marriages between Indian citizens and foreign nationals. The judgment reinforces the principle that statutory authorities must confine themselves to the requirements prescribed under the law and cannot create additional conditions that are not envisaged by the legislature.
The decision is particularly relevant for couples involving nationals from South Asian countries such as Nepal, who frequently face administrative obstacles when attempting to register inter-national marriages in India. Legal experts have welcomed the ruling as a progressive step towards ensuring that fundamental rights, including the right to marry a person of one's choice, are not hindered by unnecessary procedural roadblocks.
Bottom Line:
Special Marriage Act, 1954 - No statutory requirement for production of a "single status certificate" or No Objection Certificate (NOC) from an Embassy for solemnising a marriage under the Act.
Statutory Provision(s): Special Marriage Act, 1954
Rakesh Kallampadath v. State of Kerala, (Kerala) Law Finder Doc id # 2970371
