JUDGMENT

Dated 27th day of September, 2022 The first petitioner is intending to marry the second petitioner’s son, Ajay Thankachan. For this purpose, the first petitioner and Ajay Thankachan submitted Ext.P1 notice of intended marriage before the first respondent. The proposed bride groom being at Canada in connection with his employment, the petitioners seek a direction to the Marriage Officer to solemnise/register the marriage by permitting the bride groom to appear through virtual mode.

2. Learned Counsel for the petitioners submit that the time limit of three calendar months after publication of the notice of intended marriage will be over by 02.10.2022 and hence there has to be a direction to the first respondent to solemnise the marriage immediately.

3. Learned Government Pleader submits, on instructions, that, although the first petitioner is residing within the jurisdiction of the respondent, the bride groom is residing within the jurisdiction of the Sub-Registrar/Marriage Officer, Karikode in Idukki District. Therefore, in accordance with Section 6 of the Act, a copy of notice of intended marriage has been transmitted to the Marriage Office, Karikode. It is pointed out that the first petitioner and her intended spouse having failed to produce documents in proof of their address and date, the respondent cannot proceed to solemnise the marriage.

Learned Counsel for the petitioners assured that the requisite documents will be produced before the respondent within ten days. In view of the above submission, the writ petition is disposed of as under:- (i) The petitioner and her intended spouse shall produce the requisite documents for proving their address and age before the respondent within ten days. After receipt of the documents, the respondent shall intimate the petitioners about the date and time for solemenisation of marriage.

(ii) The Marriage Officer shall fix the date and time for the virtual appearance of the petitioners and convey the same to the petitioner in advance.

(iii) The witnesses required for registration of the marriage shall be present before the Marriage Officer.

(iv) The witnesses shall identify the bride groom, on his appearance through online mode.

(v) For the purpose of identification, the copies of the passports and other essential public documents shall be furnished to the Marriage Officer.

(vi)Wherever the signature of parties are required, that shall be affixed by the authorised Power of Attorney of the bride groom.

(vii) The Marriage Officer is free to fix the mode of online platform.

(viii) The above directions shall be complied with as expeditiously as possible, subject to the petitioners complying with the statutory formalities.

(ix) On registration of the marriage, the Certificate of Marriage shall be issued, as provided in Section 16 of the Special Marriage Act.

Considering that the statutory time limit prescribed under the Act will expire on 02.10.2022, the time limit for solemnisation of marriage is extended by a further period of three weeks from that date. The respondent shall take all necessary steps for solemnisation /registration of marriage, within the extended time.