Leenu Lakshmi vs State Of Kerala
2021 Latest Caselaw 21879 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
    WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021/12TH KARTHIKA, 1943
                     WP(C) NO. 23925 OF 2021


PETITIONERS:

            LEENU LAKSHMI, D/O. SREELATHA,
            MULLAVANA, THIRUVANVANDOOR,
            KALLISSERI, ALAPPUZHA (DIST),
            PIN-689 124.

            BY ADV N.P.SETHU


RESPONDENTS:

    1        STATE OF KERALA REPRESENTED BY
             ITS CHIEF SECRETARY, SECRETARIAT,
             THIRUVANANTHAPURAM-695 001.

    2        MARRIAGE OFFICER,
T




             SUB REGISTRAR OFFICE,
             CHENGANNOORE,
             ALAPPUZHA (DIST.) PIN 689 121.

            BY SENIOR GOVT.PLEADER SMT.PRINCY XAVIER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.11.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C)No.23925/2021

                               2




                         JUDGMENT

Dated this the 3rd day of November, 2021

The petitioner seeks to command the 2 nd respondent to

accept the memorandum for registration of marriage

submitted by the petitioners in their absence and allow the

petitioners to be present in the respondent's office through

video conference and accept it as a presence for

registration of marriage, and to issue the certificate of

marriage to the petitioners through their authorised legal

representatives.

2. The petitioner states that her fiance Mr.Vysakh is

working in New Zealand. The petitioner is working as a

Clinical Pharmacist in Ernakulam. The petitioner is a

permanent resident of India. The marriage between the

petitioner and Vysakh was arranged to be held on WP(C)No.23925/2021

04.09.2020, in accordance with Hindu religious rites. At the

time of engagement, the fiance of the petitioner came to

India with one month leave. After the engagement, he went

to New Zealand, planning to return to India for the

solemnization of marriage fixed on 04.09.2020. Due to

Covid-19 pandemic, the fiance could not come back to India

and the marriage could not be solemnized.

3. In such circumstances, the petitioner submitted

an application for registration before the Registrar under the

Special Marriages Act by submitting online application on

24.09.2021, as evidenced by Ext.P4. The petitioner would

submit that she has submitted all requisite supporting

documents. The respondent published the notice of

intended marriage on 25.09.2021 in the notice board.

4. The registration of marriage will be completed

only after the petitioner and her fiance put their signatures in

the memorandum for registration of marriage. However due WP(C)No.23925/2021

to the present pandemic condition prevailing across the

world, the petitioner's fiance is not in a position to travel from

New Zealand to India for being present before the

respondent for solemnization of marriage. Under such

circumstances, the petitioner seeks solemnization of

marriage on virtual mode.

5. The learned Government Pleader entered

appearance on behalf of the respondents and submitted that

the application submitted by the petitioner was received by

the authority and the notice period of the marriage is also

over. However, from the documents submitted by the

petitioner, it is seen that the passport of the petitioner's

fiance has expired. When the period of passport is expired,

it will not be possible for him in the normal course, to be

present in India for signing the register. It will be

inappropriate for this Court to direct marriage by virtual

mode in such circumstances.

WP(C)No.23925/2021

6. The learned counsel for the petitioner submits

that the passport period which has been expired can be

renewed by the petitioner's fiance and it will be possible to

produce a certified copy of the passport before the

respondent authority.

7. I have heard the learned counsel for the

petitioner and the learned Government Pleader representing

the respondents.

8. The issue whether solemnization of marriage

under the Special Marriages Act can be conducted by virtual

mode was considered by this Court in

WP(C)No.15244/2021 and connected cases. In those writ

petitions, this Court granted relief to the petitioners therein.

In view of the directions given by this Court in Ext.P7 Order,

the petitioner also can be granted relief.

In the circumstances, the writ petition is disposed of

with the following directions:

WP(C)No.23925/2021

(I) The Marriage Officer under the Special Marriage Act

is directed to solemnise marriage or register the marriage,

as the case may be, through online subject to the conditions

hereafter referred.

(i) The witnesses required for solemnisation 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 authorised Power of Attorney of the

parties or any agent who produce any other official

documents recognised under the Indian law on behalf of the

parties who appear online.

WP(C)No.23925/2021

(II) All other necessary formalities as required by law

shall be complied with before solemnisation 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 in the manner as referred to in

Section 13 of the Special Marriages Act.

Sd/-

N. NAGARESH JUDGE ncd/05.11.2021 WP(C)No.23925/2021

APPENDIX OF WP(C) 23925/2021

PETITIONER'S EXHIBITS

Exhibit P1 COPY OF WORK VISA ISSUED TO THE 1ST PETITIONER.

Exhibit P2 COPY OF PATHRIKA OF MARRIAGE DATED 01.03.2020.

Exhibit P3 COPY OF ENGAGEMENT PHOTO OF THE PETITIONER.

Exhibit P4 COPY OF THE DOWN LOADED ON LINE APPLICATION DATED 24.09.2021.

Exhibit P5 COPY OF ALL THE CERTIFICATE PRODUCED ALONG WITH THE MEMORANDUM FOR REGISTRATION OF MARRIAGE.

Exhibit P6 COPY OF THE INTENDED MARRIAGE NOTICE PUBLISHED.

Exhibit P7 COPY OF THE INTERIM ORDER IN WPC NO.15244/2021 PRONOUNCED IN DHANYA MARTIN VS STATE OF KERALA.