Senior Advocate Geeta Luthra: The petitioners are validly married under the local law. But what a travesty this is that a country where there is robust fundamental rights but I am being denied all of these rights.
This is the reason in Foreign Marriage Act... it says "The Marriage Officer may, for reasons to be recorded in writing, refuse to solemnize a marriage under this Act on the ground that in his opinion, the solemnization of the marriage would be inconsistent with international law or the comity of nations"
Foreign Marriage Act Section 4: Conditions relating to solemnization of foreign marriages.-A marriage between parties one of whom at least is a citizen of India may be solemnized under this Act by or before a Marriage Officer in a foreign country, if, at the time of the marriage, the following conditions are fulfilled, namely:-
(a) neither party has a spouse living, (b) neither party is an idiot or a lunatic, (c) the bridegroom has completed the age of twenty-one years and the bride the age of eighteen years at the time of the marriage, and (d) the parties are not within the degrees of prohibited relationship
Provided that where the personal law or a custom governing at least one of the parties permits of a marriage between them, such marriage may be solemnized, notwithstanding that they are within the degrees of prohibited relationship.
Justice Ravindra Bhat: Where do we get which relationships are prohibited.
Senior Advocate Geeta Luthra: It is as under Section 2A...