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2021 Supreme(Ker) 460

IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH, J.
Sebastian Thomas S/o. Thomas - Appellant
Versus
Secretary, Local Self Government Department and Ors - Respondent
WP(C).No.9978 of 2021(V)
Decided On : 04-05-2021

Advocates:
Advocate Appeared:
For the Appellant : Sri.Ajeesh S.Brite Shri.Abhilash Augustine M. Smt.Stephy Joseph Smt.Sereena P.A.

Headnote:

Virtual Mode Marriage Registration - COVID-19 Pandemic - Court directs registration of marriage through video conferencing

Fact of the Case:

The petitioner's son and daughter-in-law, residing in Israel, are unable to travel back to India due to the COVID-19 pandemic and seek registration of their marriage through virtual mode to obtain documents for their newborn child.

Finding of the Court:

The court, considering the pandemic situation and impending lockdown, directs the registrar to register the marriage of the petitioner's son and daughter-in-law through video conferencing, citing a previous judgment allowing personal appearance through video conferencing for marriage registration.

Issues: Inability to travel due to pandemic, rejection of marriage registration application, and the need for virtual mode registration to obtain documents for the newborn child.

Ratio Decidendi: The court's decision is influenced by the pandemic situation, the need for expeditious registration, and the precedent allowing video conferencing for marriage registration.

Final Decision: The court directs the registrar to register the marriage through video conferencing, emphasizing the urgency due to the pandemic and impending lockdown.

JUDGMENT :

1. The petitioner is the father of Mr. Mohan Sebastian. Mr. Mohan Sebastian married Mrs. Sonia Raju on 13.01.2020. Mrs. Sonia Raju is now working and residing in Givat Brenner, Rehovot, Israel. Both of them were working in Israel. After the marriage, the couple went to Israel and due to the COVID-19 pandemic, they are unable to travel back to Changanassery and to register the marriage before the Local Registrar.

2. Mrs. Sonia Raju gave birth to a child on 26.02.2021 at Givat Brenner. The petitioner's son is the only person available to take care of the mother and child. To obtain Birth Certificate and passport of the newborn child, Marriage Certificate from the Local Self Government Authority has to be produced before the Israeli Authorities.

The couple therefore applied for registration of marriage to the Registrar of Births and Deaths at Changanassery Muncipality. The application is rejected due to nonappearance of parties in person before the Registrar.

3. The learned counsel for the petitioner would argue that due to the pandemic situation all over the world, his son and daughter-in-law are not in a position to travel from Israel to Kerala. They are ready to appear before the Registrar by virtual mode. Unless the marriage is registered utilising virtual mode/video conferencing, the future of the newborn child will be put to difficulties and it will affect the family adversely.

4. The learned counsel for the petitioner brought to the notice of this Court a judgment of this Court in Mathew T.K. v. Secretary and Registrar of Marriages, Alappuzha and another [2020 (4) KLT 853] wherein this Court has held that Local Registrar can obtain personal appearance through Video Conferencing for the purpose of registration of marriages.

5. Heard.

In the facts and circumstances of the case, and also taking into account the pandemic situation prevailing and the impending lockdown, the writ petition is disposed of directing the 3rd respondent to register the marriage of the petitioner’s son and daughter-in-law adopting video conferencing facility, following the judgment of this Court in Mathew T.K. v. Secretary and Registrar of Marriages, Alappuzha and another [2020 (4) KLT 853] as expeditiously as possible. The petitioner shall serve a copy of the writ petition, a copy of the judgment of this Court reported in 2020 (4) KLT 853 and a certified copy of the judgment in this case, on the 3rd respondent for prompt compliance of this judgment.

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