Kerala High Court
Vishnu Prasad vs State Of Kerala on 26 April, 2022
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
WP(C) NO. 14685 OF 2022
PETITIONERS:
1 VISHNU PRASAD,
AGED 29 YEARS
S/O. PRASADHKUMAR P.,
RESIDING AT SIVAPRIYA,
TRA C-5, THEKKEVILA, KOLLAM.
2 P.K. RAJAMMA,
AGED 75 YEARS
W/O. LATE THAMPIKUTTY, MARUTHUPARAMBIL, PALIYEKKARA
PALACE ROAD, THIRUVALLA, PATHANAMTHITTA .
BY ADVS.
A.L.NAVANEETH KRISHNAN
V.HARISH
ASWATHY KRISHNAN
RAJAN VISHNURAJ
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.
2 THE MARRIAGE OFFICER,
SUB REGISTRAR OFFICE,
ERAVIPURAM, KOLLAM 691 011.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No. 14685 of 2022 2
JUDGMENT
This Writ Petition is filed by the petitioners praying
for a direction to the 2nd respondent, the Marriage Officer
to solemnize the marriage between the 1st petitioner and
the daughter of the 2nd petitioner pursuant to Exhibit P1
notice under the Special Marriage Act through online
mode/video conferencing.
2. The marriage between the 1st petitioner and the
daughter of the 2nd petitioner has been fixed by their
families. The daughter of the 2nd petitioner is at present
pursuing her Master's decree in Public Health at Anglia
Ruskin University, Cambridge in the United Kingdom. Even
though the parties have decided to solemnize the marriage
under the Special Marriage Act on 29.4.2022 before the 2 nd
respondent-Marriage Officer, the daughter of the 2nd
respondent is not in a position to make herself available
physically before the 2nd respondent for performing the
marriage. The reason highlighted are two fold; due to
travel restriction on account of Covid-19 pandemic and also
due to the fact that her 3rd Trimester classes has
commenced. This Writ Petition is filed in the said
circumstances.
3. Heard both sides.
4. The learned counsel for the petitioners brought my
attention to Ext.P2 interim order passed by a Division
Bench of this Court wherein detailed guidelines are
prescribed for solemnizing the marriage under the Special
Marriage Act through on-line mode. Since marriage in such
mode is permitted by this Court subject to the guidelines
framed in the said order, I am of the view that, this Writ
Petition can be disposed of in tune with the guidelines
prescribed in Ext.P2.
5. In the result, this Writ Petition is disposed of
directing the 2nd respondent to solemnize the marriage
between the 1st petitioner and the daughter of the 2nd
respondent Ms.Parvathy Maruthuparampil Thampykutty, subject
to the following conditions:
i. The witnesses required for solemnization 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 authorized
Power of Attorney of the parties or any agent who
produce any other official documents recognized
under the Indian law on behalf of the parties who
appear online. Since the 2nd petitioner, who is
the mother of the bride, is acting as the agent
for her daughter, the 2nd petitioner shall be
permitted to represent the said Ms.Parvathy
Maruthuparampil Thampykutty to perform the
marriage, even in the absence of any documents
substantiating the agency.
II. All other necessary formalities as required by law
shall be complied with before solemnization 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 to the manner as referred to in
Section 13 of the Special Marriage Act.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
pkk
APPENDIX OF WP(C) 14685/2022
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTICE INTENDED FOR
MARRIAGE DATED 25.3.2022 ALONG WITH THE
RECEIPT.
Exhibit P2 TRUE COPY OF THE INTERIM ORDER DATED
09.09.2021 IN WPC NO. 15244/2021 PASSED BY
THIS HON'BLE COURT.
Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED
19.04.2022 WITHOUT ITS ENCLOSURE ISSUED BY
THE GROOM.
Exhibit P4 TRUE COPY OF THE LETTER OF AUTHORIZATION
DATED 18.04.2022 ISSUED BY THE BRIDE ALONG
WITH A COPY OF THE AADHAR CARD OF THE 2ND
PETITIONER.
Exhibit P5 TRUE COPY OF THE SCREENSHOT OF THE EMAIL
COMMUNICATION SENT BY MS. PARVATHY
MARUTHUPARAMBIL THAMPIKUTTY DATED
24.04.2022.
//TRUE COPY//
SD/- P.S. TO JUDGE
