Law has to march with tech: SC dismisses Haryana Govt's objection on virtual registration of Special Marriages

On Monday, the Supreme Court declined to entertain an appeal by Haryana government against the Punjab and Haryana High Court order, granting a marriage certificate under the Special Marriage Act-1954', through video conferencing, as the wife was unable to travel from the US to India due to the COVID restrictions.

A Bench comprising of Justice Indira Banerjee andJustice  V. Ramasubramanian observed: "Law has to march along with technology."

The Bench noted the Act was enacted in 1954, whereas the computer and the Internet came many years later. "Where there is difficulty, the letter of law cannot be so rigid that it makes it impossible for the parties to follow," it said.

The Bench orally observed the government departments should facilitate the parties and not to create obstruction or hurdles for them.

The top Court, in its order, said: "We do not deem it appropriate to interfere with the practical directions given by the High Court by its impugned judgment and order. The special leave petition is, accordingly, dismissed. The order of the Division Bench shall be complied with within 45 days from date. Pending applications, if any, stand disposed of accordingly."

The husband was represented by senior advocate Navniti Prasad Singh and advocate Anup Jain in the top Court.

Haryana had moved the top Court, challenging the March 9 judgment of the high court.

The couple had solemnised their marriage on December 17, 2019, in Gurugram and later, returned to their respective workplaces in the UK and the US. They moved an application for registration of their marriage before the Deputy Commissioner-cum-Marriage Officer, Gurugram.

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