Revathi Shajimon vs The Marriage Officer
2022 Latest Caselaw 4746 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
     TUESDAY, THE 26TH DAY OF APRIL 2022 / 6TH VAISAKHA, 1944
                       W.P.(C) NO.14031 OF 2022
PETITIONERS:

    1     REVATHI SHAJIMON,
          AGED 26 YEARS, D/O. SHAJIMON CHANDRAN,
          PUTHUKKERIL HOUSE,
          PANOOR, PALLANA P.O.,
          ALAPPUZHA, PIN-690 515.

    2     SWAYAMPRABHA,
          AGED 60 YEARS, W/O. SASIDHARAN,
          PARAMBIL HOUSE,
          MAYITHARA P.O, CHERTHALA,
          ALAPPUZHA, PIN-688 539.

          BY ADV MANAS P. HAMEED


RESPONDENT:

          THE MARRIAGE OFFICER,
          SUB REGISTRAR OFFICE, PUTHANAMBALAM,
          PUTHANAMBALAM, ALAPPUZHA, PIN-688 551.

          ADV. PREETHA K.K., GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                      -2-
W.P.(C) NO.14031 OF 2022


                               JUDGMENT

The 1st petitioner is the fiance of Mr. Saran P.S., who is the

son of the 2nd petitioner. The 1st petitioner and Mr. Saran P.S.

want to get their marriage solemnised under the Special

Marriage Act, 1954. Mr. Saran P.S. is working now in New

Zealand, as Warehouse Manager.

2. The petitioners state that the 1st petitioner and her

fiance have given notice of intended marriage to the

respondent-Marriage Officer under Section 5 of the Special

Marriage Act. The respondent is insisting physical presence of

the fiance Mr. Saran P.S. The learned counsel for the

petitioners submitted that as Mr. Saran P.S. is working abroad,

due to Covid-19 pandemic and consequential International

travel restrictions, he is not in a position to come to India for

getting the marriage solemnised under the Special Marriage

Act. The learned counsel pointed out that in identical

circumstances, this Court has permitted identically situated

couples to get the marriage solemnised under the Special

Marriage Act, online. The 1st petitioner may also be granted

such benefits.

W.P.(C) NO.14031 OF 2022

3. The learned Government Pleader entered appearance

and submitted that this Court has in similar circumstances

extended opportunity of solemnising/registering the Special

Marriage Act, online, taking into consideration the pandemic

situation prevailing world over. The 1st petitioner can also be

granted such benefits, provided the 1st petitioner satisfies all

other statutory requirements.

4. I have heard the learned counsel for the petitioners

and the learned Government Pleader.

5. This Court has considered the impact of International

travel restrictions due to Covid-19 pandemic and has held that

in extreme cases, solemnisation and registration of marriage

under the Special Marriage Act can be permitted online. This

Court has passed such orders in W.P.(C) No.15244 of 2021. In

W.P.(C) No.29030 of 2021 also, this Court granted similar

benefits. This Court is of the view that the 1 st petitioner can also

be granted the benefits following Ext.P4 judgment.

6. Accordingly, this writ petition is disposed of with the

following directions:-

(I) The Marriage Officer under the Special Marriage Act is

directed to solemnise marriage or register the marriage, as the

W.P.(C) NO.14031 OF 2022

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.

(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.

W.P.(C) NO.14031 OF 2022

(VI) On solemnization of marriage, the certificate of marriage

shall be issued in the manner as referred to in Section 13 of the

Special Marriage Act.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE bpr

W.P.(C) NO.14031 OF 2022

APPENDIX

PETITIONERS' EXHIBITS

EXHIBIT P1 TRUE COPY OF RELEVANT PAGES OF INDIAN PASSPORT OF MR. SARAN P.S.

EXHIBIT P2 TRUE COPY OF CERTIFICATE DATED 13.04.2022 GRANTING INTERIM VISA BY NEW ZEALAND IMMIGRATION IN FAVOUR OF MR. SARAN P.S.

EXHIBIT P3 TRUE COPY OF NOTICE OF INTENDED MARRIAGE SUBMITTED BY THE PARTIES TO THE MARRIAGE BEFORE THE RESPONDENT OFFICER.

EXHIBIT P4 TRUE COPY OF JUDGMENT DATED 24.02.2022 IN W.P.(C) NO.4438 OF 2022 PASSED BY THIS HONOURABLE COURT.