Court permits online marriage solemnization under the Special Marriage Act amid constraints and outlines necessary conditions.

JUDGMENT

This Writ Petition is filed by the petitioners praying for a direction to the 2nd respondent, the Marriage Officer to solemnize the marriage between the 1st petitioner and the daughter of the 2nd petitioner pursuant to Exhibit P1 notice under the Special Marriage Act through online mode/video conferencing.

2. The marriage between the 1st petitioner and the daughter of the 2nd petitioner has been fixed by their families. The daughter of the 2nd petitioner is at present pursuing her Master's decree in Public Health at Anglia Ruskin University, Cambridge in the United Kingdom. Even though the parties have decided to solemnize the marriage under the Special Marriage Act on 29.4.2022 before the 2nd respondent-Marriage Officer, the daughter of the 2nd respondent is not in a position to make herself available physically before the 2nd respondent for performing the marriage. The reason highlighted are two fold; due to travel restriction on account of Covid-19 pandemic and also due to the fact that her 3rd Trimester classes has commenced. This Writ Petition is filed in the said circumstances.

3. Heard both sides.

4. The learned counsel for the petitioners brought my attention to Ext.P2 interim order passed by a Division Bench of this Court wherein detailed guidelines are prescribed for solemnizing the marriage under the Special Marriage Act through on-line mode. Since marriage in such mode is permitted by this Court subject to the guidelines framed in the said order, I am of the view that, this Writ Petition can be disposed of in tune with the guidelines prescribed in Ext.P2.

5. In the result, this Writ Petition is disposed of directing the 2nd respondent to solemnize the marriage between the 1st petitioner and the daughter of the 2nd respondent Ms.Parvathy Maruthuparampil Thampykutty, subject to the following conditions:

i. The witnesses required for solemnization of marriage shall be present before the Marriage Officer;

ii) The witnesses shall identify the parties who are online;

iii) The copies of passport or any other public documents in respect of the parties who appear online shall be provided to the Marriage Officer for identification by the Marriage Officer;

iv. Wherever signature of parties are required, that shall be affixed by the authorized Power of Attorney of the parties or any agent who produce any other official documents recognized under the Indian law on behalf of the parties who appear online. Since the 2nd petitioner, who is the mother of the bride, is acting as the agent for her daughter, the 2nd petitioner shall be permitted to represent the said Ms.Parvathy Maruthuparampil Thampykutty to perform the marriage, even in the absence of any documents substantiating the agency.

II. All other necessary formalities as required by law shall be complied with before solemnization of marriage.

III. The Marriage Officer shall fix the date and time and convey the same to the parties in advance.

IV. The Marriage Officer is free to fix the mode of online platform.

V. The Marriage Officer is directed to comply with the directions as expeditiously as possible on completion of the statutory formalities.

VI. On solemnization of marriage, the certificate of marriage shall be issued to the manner as referred to in Section 13 of the Special Marriage Act .

Sd/-

ZIYAD RAHMAN A.A.

JUDGE pkk APPENDIX OF WP(C) 14685/2022 PETITIONERS’ EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE INTENDED FOR MARRIAGE DATED 25.3.2022 ALONG WITH THE RECEIPT.

Exhibit P2 TRUE COPY OF THE INTERIM ORDER DATED

09.09.2021 IN WPC NO. 15244/2021 PASSED BY THIS HON'BLE COURT.

Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED

19.04.2022 WITHOUT ITS ENCLOSURE ISSUED BY THE GROOM.

Exhibit P4 TRUE COPY OF THE LETTER OF AUTHORIZATION DATED 18