1. The petitioner has filed an application to solemnize the marriage under the Special Marriage Act, 1954. According to the petitioner, he proposes to marry a Sri Lankan national name holding Passport When Ext. P3 notice of intended Marriage along with Ext. P4 notarized affidavit was submitted, the 2nd respondent insisted the petitioner to obtain a No Objection Certificate (NOC) from the Embassy. According to the petitioner, the requirement to furnish NOC from the Embassy is no longer a requirement of law in the light of the judgment of this Court in W.P.(C) No. 249 of 2019 (Ext. P7). Therefore, the petitioner seeks direction to the 2nd respondent to process and solemnize the marriage under the Special Marriage Act, 1954.
2. Heard Sri. S. Harigovind, the learned Counsel for the petitioner and the learned Government Pleader for the respondents.
3. In the light of the law declared by this Court in Saranya R. A. v. State of Kerala and Others [W.P.(C) No. 249 of 2019] decided on 04.01.2019, there cannot be any insistence on the part of the 2nd respondent which requires the petitioner to obtain a NOC from the Embassy. Therefore, the petitioner is entitled for a direction as sought for.
4. 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 after submission of Ext. P3 notice.




