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2023 Supreme(Ker) 74

A. MUHAMED MUSTAQUE, SOPHY THOMAS
ARUN R. K. S/O MADHUSOODANAN P. – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: JAWAHAR JOSE, CISSY MATHEWS, JAISON ANTONY.
For the Respondent: N. MANOJ KUMAR.

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

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