Point of Law: Section 6 of Information Technology Act recognise use of electronic records in Government and its agencies.

JUDGMENT :

A. MUHAMED MUSTAQUE, J.

1. These matters have been placed before us on a reference by the learned Single Judge, Shri P.B. Suresh Kumar in a batch of writ petitions, dated 25.8.2021, regarding an authoritative pronouncement on a question related to solemnisation of marriage under the Special Marriage Act, 1954, through Video Conferencing.

2. The learned Single Judge passed a detailed order and is of the view that solemnisation of marriage through online under the Special Marriage Act is possible. We reproduce the observations and opinion of the learned Single Judge herewith:

4. Section 11 of the Act deals with the declaration to be made by the parties to a marriage to be solemnized, Section 12 deals with the place and form of solemnisation and Section 13 deals with Certificate of Marriage. Sections 11, 12 and 13 read thus:

“11. Declaration by parties and witnesses - Before the marriage is solemnized the parties and three witnesses shall, in the presence of the Marriage Officer, sign a declaration in the form specified in the Third Schedule to this Act, and the declaration shall be countersigned by the Marriage Officer.

12. Place and form of solemnization:

(1) The marriage may be solemnized at the office of the Marriage Officer, or at such other place within a reasonable distance therefrom as the parties may desire and upon such conditions and the payment of such additional fees as may be prescribed.

(2) The marriage may be solemnized in any form which the parties may choose to adopt: Provided that it shall not be complete and binding on the parties unless each party says to the other in the presence of the Marriage Officer and the three witnesses and in any language understood by the parties “I, (A), take the - (B), to be my lawful wife (or husband).”

13. Certificate of marriage:

(1) When the marriage has - been solemnized, the Marriage Officer shall enter a certificate thereof in the form specified in the Fourth Schedule in a book to be kept by him for that purpose and to be called the Marriage Certificate Book and such certificate shall be signed by the parties to the marriage and the three witnesses.

(2) On a certificate being entered in the Marriage Certificate Book by the Marriage Officer, the Certificate shall be deemed to be conclusive evidence of the fact that a marriage under this Act has been solemnized and that all formalities respecting the signatures of witnesses have been complied with.”

The form of certificate of marriage, as provided for in the Fourth Schedule to the Act is as follows:

“THE FOURTH SCHEDULE

(See Section 13)

CERTIFICATE OF MARRIAGE

I, E.F. hereby certify that on the..............day of..............20............A.B. and C.D. appeared before me and that each of them, in my presence and in the presence of three witnesses who have signed hereunder, made the declarations required by section 11 and that a marriage under this Act was solemnized between them in my presence.

(Sd.) E.F.

Marriage Officer for

(Sd.) A.B. Bridegroom

(Sd.) C.D. Bride

(Sd.) G.H.

(Sd.) I.J. Three witnesses

(Sd.) K.L.

Dated the..............day of.......20.........”

5. The question has been answered in the negative by this court in Dioncey Augustine vs. State of Kerala, 2019 SCC Online Kerala 13112, holding that the provisions in Sections 11 and 12 are intended to upkeep the solemnity of the solemnization of the marriage and if the marriage is permitted to be solemnised through video conferencing, the same will trifle and dilute the provisions in Sections 11 and 12 of the Act. Paragraph 17 of the said judgment reads thus:

“17. A bare reading of Section 11 and 12 make it clear that the parties to the proposed marriage and three witnesses will have to sign the declaration in the presence of the Marriage Officer as per Section 11. So also proviso to Section 12(2) of the Act would also clearly indicate that the solemnization of the marriage of the parties in the designated place should be in the presence of the Marriage Officer. In order to ensure