Online marriage registration is permissible under the Special Marriage Act, allowing representation via power of attorney when parties are unable to present in person.

JUDGMENT

The above writ petition has been filed by the petitioners seeking the following prayers:

“(i) To issue a writ of Mandamus or any other appropriate writ, order or direction, directing the 2nd respondent to accept the Exhibit-P3 notice indented to marry and allow the petitioners to appear online with the physical presence of respective power of attorney holders for the solemnization of marriage under Special Marriage Act ; and (ii) To grant such other and further reliefs as this Hon'ble court may deem fit and proper in the facts and circumstances of the case.”

2. The petitioners are Indian citizens working abroad.

The first petitioner is working in Poland and the second petitioner is in Malta. The petitioners decided to marry each other and Ext.P5 notice was submitted online before the second respondent. The second petitioner is residing within the territorial jurisdiction of the second respondent. The online notice for marriage was submitted by the first petitioner through his power of attorney holder and the second petitioner by herself. Both of them have executed Exts.P4 and P5/power of attorneys. The second respondent did not accept the physical copy of the online application and insisted that both parties be physically present at the time of notice and at the time of marriage. Aggrieved by the same, the petitioners have approached this Court with the above writ petition.

3. I have heard the learned counsel for the petitioners and the learned Government Pleader.

4. The learned counsel for the petitioners submitted that both the petitioners are working abroad and are not in a position to appear in person before the second respondent after the completion of the notice period. It was also submitted that both petitioners have executed powers of attorney authorising the power of attorney holders to appear before the second respondent on their behalf, for the solemnisation of the marriage under the Special Marriage Act . The learned counsel also relied on the judgment of this Court in Arun R.K. v. State of Kerala [ 2023 (2) KHC 391 ], where the registering authority was directed to grant permission to the parties to appear online. The learned government pleader also submitted that on the basis of the judgment in Arun R.K. (supra), the petitioners can be permitted to appear online and to be represented through their power of attorney holders.

5. Since the petitioners are not in a position to appear personally before the registering authority to register their marriage on completion of thirty days waiting period, as held by the division bench of this Court in Arun R.K. (supra), the registering authority can permit them to appear online and be represented through their power of attorney holders. This court by following the judgment in Arun R.K. (supra), has also rendered another judgment in W.P.(C) No.40182 of

2025

6. Therefore, considering the facts and circumstances of the case and the prayer made in the writ petition, I find that the writ petition can be disposed of, directing the second respondent to register the marriage through online subject to the following conditions:

a)The second respondent shall permit the parties to the marriage to appear online.

b) The witnesses required for registration of marriage shall be present before the second respondent.

c) The witnesses shall identify the parties who are online.

d) The copies of passport or any other public documents in respect of the parties, who appear online, shall be provided to the second respondent for identification by the second respondent.

e) Wherever signature of parties is required, that shall be affixed by the authorised Power of Attorney of the parties or any agent, who