Calcutta High CourtWPA/8248/2025disposed

Chandra Prins v. The State Of West Bengal And ANR.

2026-01-09Hon'Ble Justice Krishna Rao2 pages

28. 09.01.2026.

Court No.25.

(Pritam) WPA 8248 of 2025.

Chandra Prins.

-Vs.- State of West Bengal & Ors.

Ms. Moushumee Shome, Mr. Subhajit Das.

....for the petitioner.

Mr. Sayan Ganguly.

.....for the State.

1. The petitioner being aggrieved and dissatisfied with the communication dated 5th August, 2024 issued by the Registrar General of Marriages, Government of West Bengal, wherein the request of the petitioner for registration of the marriage was rejected on the ground that as per the existing provisions of the West Bengal Special Marriage Rules, 2010, no Marriage Officer can register a marriage of a married couple when one party to the marriage is a foreigner. The petitioner is an Australian citizen and married to an Indian lady and intending to register their marriage.

2. This Court by an order dated 12th December, 2025 has requested the learned counsel appearing for the State to take instruction from the authority whether the petitioner can apply for marriage registration manually and the authority can register the marriage, if the petitioner applies manually.

3. The learned counsel for the State has handed over the communication dated 16th December, 2025 issued by the Registrar General of Marriages, Government of West Bengal wherein it is mentioned that "the petitioner, namely, Chandra Prins may apply through online mode using MARREG Portal (www.rgmwb.gov.in) under Section 15 of the Special Marriage Act, 1954 to register their marriage under Section 16 of the same."

4. This court is of the view that if the petitioner applied through online mode, the authorities will take appropriate steps in accordance with law.

5. Accordingly, the instant writ application is disposed of by directing the petitioner to apply through online mode for registration of his marriage and if the petitioner applies for registration of the marriage, the authorities shall register their marriage within a period of four weeks from the date receipt of the application of the petitioner.

(Krishna Rao, J.)