Rejith Kumar K.R vs The Marriage Officer
2023 Latest Caselaw 4405 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
            THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
                     WP(C) NO. 13107 OF 2023
PETITIONERS:

    1       REJITH KUMAR K.R.,
            AGED 35 YEARS,
            S/O RAJU, KOONAM VENGAYIL HOUSE,
            VALIYA AREEKKAMALA, AREEKKAMALA P.O,
            KANNUR, REPRESENTED BY THE POWER OF ATTORNEY
            HOLDER, MANU CHANDRAN, AGED 34 YEARS,
            S/O CHANDRAN, KALUMKUMTHARAYIL HOUSE,
            AREEKAMALA P.O, KANNUR, PIN - 670 582.

    2       SNEHA ANN JOHNSON,
            AGED 26 YEARS,
            D/O JOHNSON C.T, NEDUMCHERI CHARIVUPURAYIDATHIL,
            THONNIAMALA, PATHANAMTHITTA, PIN 689668
            REPRESENTED BY THE POWER OF ATTORNEY HOLDER,
            VIVEK E.K, AGED 34 YEARS, S/O KESHAVAN,
            IDATHARATHADATHIL, AREEKAMALA P.O,
            KANNUR, PIN - 670 582.

            BY ADV MANAS P HAMEED


RESPONDENT:

            THE MARRIAGE OFFICER,
            SUB REGISTRAR OFFICE, SREEKANDAPURAM,
            SREEKANDAPURAM P.O, KANNUR, PIN - 670 631.



            SR.GP-SMT. DEEPA NARAYANAN


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   12.04.2023,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C.) No. 13107 of 2023



                                         2

                               SHAJI P. CHALY, J.
                  -------------------------------------------------
                         W.P.(C).No.13107 of 2023
                 --------------------------------------------------
                 Dated this the 12th day of April, 2023

                                  JUDGMENT

This writ petition is filed by the petitioners seeking the following

reliefs:-

"1. Issue a writ of mandamus or order or direction or any other appropriate writ directing the respondent Marriage Officer to permit the petitioners to appear before him through virtual mode for the registration of their marriage."

2. According to the petitioners, they are employed in a

private company in Qatar and the petitioners are not in a position to

appear before the Marriage Officer for solemnisation of marriage as

stipulated under the Special Marriage Act, 1954. Therefore, seeks

solemnisation of marriage online. The question with respect to the

solemnisation of marriage online taking into the account the

provisions of the Special Marriage Act, 1954 was considered by this

Court in W.P.(C) No. 2072/2021 and other connected writ petitions and

passed a common judgment, dated 20.01.2023, whereby the interim

order passed by the Division Bench was affirmed and directed the

State Government to follow the directions contained in the interim

order for solemnisation of marriage under the Special Marriage Act, W.P.(C.) No. 13107 of 2023

1954 in all other matters until the Government prescribes any other

mode for compliance.

3. In the interim order passed by the learned Division Bench

on 09.09.2021 in W.P.(C) No. 2072/2021 and other connected writ

petitions, wherein the final judgment was passed, the following

directions are issued:-

"I. The Marriage Officers under the Special Marriage Act in all these cases are 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.

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.

W.P.(C.) No. 13107 of 2023

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."

4. In that view of the matter, I think it is only appropriate

that this writ petition is also disposed of directing the Marriage

Officer, Sub Registrar Office, Sreekandapuram, Sreekandapuram P.O.,

Kannur to solemnise the marriage of the petitioners in terms of the

directions contained in the interim order, dated 09.09.2021 in W.P.(C)

No.2072/2021 and other connected writ petitions, affirmed by the

Division Bench in its judgment dated 20.01.2023.

In all respects, the proposition of law and the findings rendered

in the judgment would apply and govern this writ petition also. The

Marriage Officer is directed to solemnise the marriage in accordance

with the directions contained above within two weeks.

Sd/-

SHAJI P. CHALY JUDGE

ak W.P.(C.) No. 13107 of 2023

APPENDIX OF WP(C) 13107/2023

PETITIONERS' EXHIBITS:-

Exhibit P1              A TRUE COPY OF THE APPLICATION FOR
                        REGISTRATION    OF     MARRIAGE   DATED

21.02.2023 SUBMITTED BY THE PETITIONERS BEFORE THE RESPONDENT.

Exhibit P2 A TRUE COPY OF THE REPRESENTATION DATED 24.03.2023 SUBMITTED BY THE PETITIONERS BEFORE THE RESPONDENT.

Exhibit P3 A TRUE COPY OF LETTER DATED 29.03.2023 COMMUNICATED BY THE RESPONDENT TO THE 1ST PETITIONER.

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