Accept notary public attested affidavit to the effect that satisfies the eligibility conditions and register the marriage: Justice PB Suresh Kumar.
In an important judgement, the Kerala High Court asked the office of the Registrar of Marriages in the Indian State of Kerala not to insist for an attested certificate (that someone marrying an NRI was not already married), signed by a competent officer in an embassy.
This emerged in the case of NRI Joby Chacko, who was to marry a US citizen, Sherly Verghese, under the Special Marriage Act. After verifying all possible documents, the Registrar’s Office asked for the ‘certificate from the embassy’.
“The purpose of attestation is only to ensure that signature in the document is one put by the person who claims to have done so, Justice Kumar ruled.”
Justice PB Suresh Kumar’s court directed the registrar to accept notary public attested affidavit to the effect that Sherly Verghese satisfies the eligibility conditions and register the marriage.
The purpose of attestation is only to ensure that signature in the document is one put by the person who claims to have done so, Justice Kumar ruled.
In court marriages, it is a general requirement to submit a notarised affidavit from both parties stating that they have no surviving spouses.
Joby Chacko, the petitioner, informed the court that his fiancée Sherly Verghese was prepared to submit the notarised affidavit. Still, the officer refused to accept it, citing her being a foreign national.
The Registrar’s office argued since the petitioner’s fiancée was a foreign national, her signature in the affidavit cannot be attested by a notary public in India because they may not be in a position to ensure the correctness of the statements and affirmations of a foreign national.
The court overruled the Registrar’s order over the office’s inability to verify the signature of a foreign national. It cited earlier rulings establishing that an affidavit attested by a notary public can be secured from the foreign national.
“There is no inhibition in law for a notary public in India attesting an affidavit sworn to by a foreign national after ensuring the identity of the person concerned on the basis of the passport or other similar documents,” the order said.
“Whether a notary public in India is competent to attest the signature of a foreign national and the question whether he would be in a position to ensure the correctness of the statements and affirmations made in the affidavit have not been considered,” it said.