This High Court allows Marriage Registration even via Video Conferencing

January 23, 2018:

HC Bench directed Registrar to permit a couple now residing in the US to appear through video conferencing.

On Monday, Kerala HC stated that Local Registrar of Marriages can record it by obtaining couple’s personal appearance through video conferencing.

HC directed Kollam Registrar to permit a couple now residing in the US to appear through the video conferencing and allow their power holder to sign in the register on their behalf.

Court issued the order on a petition filed by Pradeep Kodiveedy Cletus and Beryl Pradeep, of Kollam.

Petitioners stated that their marriage was solemnised at St Casimir’s Church, Kadavoor. Pradeep, who was working in Indian Space Research Organisation, took up a foreign assignment in Ireland and had been residing there with his family since 2001.

They managed Irish citizenship in 2009 and relocated to US in 2016 on strength of an L-1 visa, which facilitates temporary transfer of foreign worker to US to continue employment with an office of the same employer.

Couple added that in order to apply for the permanent resident status in the US, they need to provide their marriage certificate issued by a competent authority in their country along with the applications.

Hence, they applied through their power holder.

Registrar took the stand that the marriage cannot be registered under the Kerala Registration of Marriages (Common) Rules, 2008, without the parties being present before him.

Kerala HC while citing SC's order added that it was common knowledge that virtual presence of a person living in a different country can be ensured through the video conferencing. SC had approved in context of a criminal trial that requirement of ‘personal appearance’ can be ensured through the video conferencing as well.