Vipin P.B vs State Of Kerala
2022 Latest Caselaw 3138 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
                THE HONOURABLE MR.JUSTICE N.NAGARESH
     FRIDAY, THE 18TH DAY OF MARCH 2022 / 27TH PHALGUNA, 1943
                       WP(C) NO. 7710 OF 2022
PETITIONER:

           VIPIN P.B.,
           AGED 31 YEARS,
           S/O V.K. BAHULEYAN,
           PANNIPALLITHARA,
           PATTANAKKAD,
           ANDHAKARANAZHY P.O.,
           ALAPPUZHA-688 531.

           BY ADV. P.A.ABHILASH


RESPONDENT:

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

    2      THE MARRIAGE OFFICER,
           PATTANAKADU, CHERTHALA,
           ALAPPUZHA-688 531.

  ADDL.3   SHYJU ANTONY,
           AGED 40 YEARS,
           S/o.MATHEW ANTONY,
           KONNOTH HOUSE, THOPPUMPADY P.O.,
           RAMESHVARAM VILLAGE, COCHIN TALUK,
           ERNAKULAM, KERALA-682005

           (ADDITIONAL R3 IS IMPLEADED AS PER ORDER DATED
           18.03.2022 IN W.P.(C) No.7710 OF 2022)

           SMT.PARVATHY KOTTOL, GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C)No.7710/2022

                                  2




                          JUDGMENT

Dated this the 18th day of March, 2022

The petitioner is before this Court seeking to

direct the 2nd respondent to register his marriage under the

Special Marriage Act, 1954 by securing presence of the

petitioner's fiancee through video conferencing and without

insisting for personal appearance.

2. The petitioner states that he and his fiancee

Ayana Thomas are intending to register their marriage

under the Special Marriage Act, 1954. The petitioner has

given notice of intended marriage on 27.01.2022. To the

knowledge of the petitioner, no objections were received by

the Marriage Officer. The petitioner's fiancee is now working

in New Zealand. Due to Covid-19 pandemic and WP(C)No.7710/2022

consequential travel restrictions, she is not in a position to

come to India. The 2nd respondent, however, is insisting on

the physical presence of the fiancee for the solemnisation

and registration of the marriage. The learned counsel for

the petitioner submitted that the marriage of the petitioner

with his fiancee was fixed with the consent of both families.

3. Heard the learned counsel for the petitioner and

the learned Government Pleader representing the

respondents.

4. This Court in W.P.(C) No.29743 of 2021 and in

other similar cases, has granted permission to similarly

situated couples for solemnising their marriage under the

Special Marriage Act, 1954, utilising the virtual mode, taking

into consideration the pandemic situation prevailing across

the world. I find no reason not to extend the said benefit to

the petitioner herein.

WP(C)No.7710/2022

5. In the circumstances, the writ petition is disposed

of with the following directions:

I. The Marriage Officers under the Special Marriage Act is

directed to solemnise the 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 WP(C)No.7710/2022

documents recognised under the Indian law on behalf of the

parties who appeared 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.

VI. On solemnisation of marriage, the Certificate of

Marriage shall be issued in the manner as referred to in

Section 13 of the Special Marriage Act.

Sd/-

N. NAGARESH JUDGE SR WP(C)No.7710/2022

APPENDIX OF WP(C) 7710/2022

PETITIONER'S EXHIBITS:

Exhibit P1 THE TRUE COPY OF NEW ZEALAND STUDENT VISA APPROVAL DATED 5TH FEBRUARY 2019 OF THE PETITIONER'S FINANCE Exhibit P2 THE TRUE COPY OF THE NOTICE OF INTENDED MARRIAGE ISSUED UNDER SECTION 5 OF THE SPECIAL MARRIAGE ACT Exhibit P3 THE TRUE COPY OF THE E-TICKET DATED 22/2/2020 OF THE PETITIONER'S FIANCEE Exhibit P4 THE TRUE COPY OF THE APPOINTMENT LETTER DATED 5.5.2020 OF HOHEPA HAWKE'S BAY, NAPIER, NEW ZEALAND Exhibit P5 THE TRUE COPY OF THE NOTICE OF INTENDED MARRIAGE ISSUED UNDER SECTION 5 OF THE SPECIAL MARRIAGE ACT Exhibit P6 THE TRUE COPY OF THE ACKNOWLEDGEMENT CUM RECEIPT FOR SPECIAL MARRIAGE (UNDER SECTION 5) Exhibit P7 THE TRUE COPY OF THE EMAIL ACKNOWLEDGEMENT FOR RESIDENT VISA APPLICATION OF THE PETITIONER'S FINANCE Exhibit P8 THE TRUE COPY OF POLICE CLEARANCE CERTIFICATE ISSUED BY HIGH COMMISSION, WELLINGTON, NEW ZEALAND FOR PERMANENT RESIDENT VISA OF THE PETITIONER'S FIANCEE Exhibit P9 THE TRUE COPY OF THE POWER OF ATTORNEY DATED 6TH JANUARY 2022 EXECUTED BY THE PETITIONER FIANCEE Exhibit P10 THE TRUE COPY OF THE REPRESENTATION GIVEN TO THE 2ND RESPONDENT BY THE PETITIONER'S FIANCEE Exhibit P11 THE TRUE COPY OF THE JUDGMENT DATED 22.12.21 IN WPC NO 29743/2021 OF THIS HON'BLE COURT SR