Shampa Bera v. State Of West Bengal And ORS.

D/L. 21.

November 30, 2023.

MNS.

WPA No. 24449 of 2023 Shampa Bera Vs.

The State of West Bengal and others Mr. Kaushik Gupta, Mr. Anirban Tarafder, Mr. Daniel Sarkar, Mr. Sohel Tudu ... for the petitioner.

Mrs. Kakali Samajpaty, Ms. Kakali Naskar ...for the State.

1. Affidavit-of-service filed in Court today be kept on record.

2. Learned counsel for the petitioner contends that the petitioner, being an Indian citizen, wants to marry a National of the United Kingdom. However, since there is a mandatory requirement to produce the Aadhaar Card of both the proposed spouses, the proposed husband of the petitioner cannot produce such document and as such, the marriage is being hampered.

3. Learned counsel appearing for the respondent authorities hands over a communication dated September 11, 2023 along with a written

instruction indicating that the concerned website/portal has already been upgraded to do away with the mandatory requirement of production of Aadhaar Card for foreign nationals.

4. It is submitted that foreign nationals can now produce a copy of their passports for the purpose of getting married with an Indian citizen under the Special Marriage Act.

5. Appreciating such fair stand by the respondent authorities, the cause of action espoused by the petitioner no longer remains germane.

6. Accordingly, WPA No. 24449 of 2023 is disposed of by granting liberty to the petitioner to apply for getting married on the concerned website/portal by production of/uploading the passport of her proposed spouse and the other necessary relevant documents.

7. A copy of the bunch of documents handed over in Court is also handed over to the learned Advocate-on-record of the petitioner by his counterpart appearing for the respondent authorities.

8. There will be no order as to costs.

9. Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities. (Sabyasachi Bhattacharyya, J.)