New Delhi: A young man living in France fell in love with a girl from Afghanistan, but the two met in India when he arrived here for his medical treatment. They got married in a mosque in Delhi, but faced a legal hurdle on their return. Now, the Constitution of India has made a way for them to leave for France and the the Delhi High Court has issued orders in this regard .
According to the couple's lawyer Divyanshu Pandey, the bride and the groom knew each other and in March this year, both had come to India for medical treatmnt. The two met here and got married at a mosque at Defence Colony April 7.
However, the couple could not go to Afghanistan because of the situation there and hence decided to leave for France. When the young man reached the French Embassy for his wife's visa, he found that without registering the marriage under the Special Marriage Act, his wife could not get a visa.
Also read: Failure to pay Rs 110 fees under Special Marriage Act delays interfaith couple's wedding
Pandey said that the couple then accessed the Delhi government website for registration of their marriage. But, for this, Aadhar card and voter identity card were needed which neither had. The couple also went to the office of the SDM who, however, did not meet them.
It was then that they met Pandey who then petitioned the Delhi High Court on behalf of both.
“The High Court was apprised of the whole matter,” Pandey told ETV Bharat.
Citing Article 14 of the Indian Constitution, he demanded that the High Court register their marriage under the Special Marriage Act. The High Court then sought a response by giving notice to the Delhi government on this. The High Court was told that the regional SDM was looking into the matter .
Pandey said that by this time the visa of the groom was expiring and he got it extended from the French embassy. The girl's visa is also about to expire and the process has been started to extend its duration.
Also read: Kerala HC allows man to appear via video conference to register marriage
According to the lawyer, it is clear that under the law of India , if two foreigners marry here, then they can be registered under the Special Marriage Act. Pandey said that the couple has now got a call from the SDM office and have been called for further action on Monday.
A notice will be issued for 30 days regarding the application if anybody wished to raise an objection. If there is no objection during this period, then their marriage will be registered under the Special Marriage Act and both can go to France.
Pandey said that the couple does not know either English or Hindi. In such a situation, he had to take the help of translator to understand their problem. The girl has learned French due to which she is able to communicate with the young man easily.
The lawyer now hopes that in September, both will be able to return to their home in France.
