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2026 DAILYLAW 417 (KER)

Vinu vikraman s/o s. Vikraman v. State of Kerala Represented By The Secretary

2026-05-05

Easwaran S

body2026
JUDGMENT : EASWARAN S., J. 1. The petitioner has filed an application to solemnize the marriage under theSpecial Marriage Act, 1954. According to the petitioner, he proposes to marry a Sri Lankan national named Emaran Loris Nixan Ann Mary Thanesika holding Passport No. N9527402. When Ext. P3 notice of intended Marriage along with Ext. P4 notarized affidavit was submitted, the 2ndrespondent 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. 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 inSaranya R. A. v. State of Kerala and Others [W.P.(C) No. 249 of 2019] decidedon 04.01.2019, there cannot be any insistence on the part of the 2ndrespondent 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 2 nd 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.