Blesson Paul vs State Of Kerala
2023 Latest Caselaw 8649 Ker

Citation : 2023 Latest Caselaw 8649 Ker
Judgement Date : 9 August, 2023

Kerala High Court

Blesson Paul vs State Of Kerala on 9 August, 2023

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 WEDNESDAY, THE 9TH DAY OF AUGUST 2023 / 18TH SRAVANA, 1945
                   WP(C) NO. 26278 OF 2023
PETITIONERS:

    1     BLESSON PAUL
          AGED 30 YEARS
          S/O PAULOSE K ELIAS, KARIKULATHIL(H),
          THIRUVANIYOOR VILLAGE, KUNNATHUNADU TALUK,
          ERNAKULAM DISTRICT,PIN- 682 305.
          NOW RESIDING AT,APARTMENT NO.306,
          190 OAKDENE AVE, KENTVILLE,
          NOVA SCOTIA, CANADA, PIN-B4N 2C1,
          REP. BY POWER OF ATTORNEY HOLDER,
          AMAL SKARIA BABU, AGED 30 YEARS, S/0 C.S.BABU,
          CHENNAMPARAMBIL(H), PAMPAKUDA VILLAGE,
          MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT,,
          PIN - 686667
    2     PALLAVI GINESH
          AGED 28 YEARS
          D/O GINESH, THURKKADACHAKKALAYIL,
          MURIYAMANGALAM, MAMALA P.O.,
          THIRUVANIYOOR VILLAGE, PUTHENCRUZ, MAMALA,
          ERNAKULAM DISTRICT,, PIN - 682305
          BY ADVS.
          K.S.PRAVEEN
          ASWATHI SURESH

RESPONDENTS:

    1     STATE OF KERALA
          DEPARTMENT OF LOCAL SELF GOVERNMENT,
          REP. BY ITS SECRETARY, SECRETARIAT,
          THIRUVANATHAPURAM, PIN - 695001
    2     THE MARRIAGE OFFICE
          SUB REGISTRAR OFFICE, PUTHECRUZ,
          ERNAKULAM DISTRICT, PIN - 682308
          SRI. B.S.SYAMANTAK, GP


    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 09.08.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C).No.26278/2023

                                    2




                     P.V.KUNHIKRISHNAN, J.
                      --------------------------------
                     W.P.(C).No.26278 of 2023
               ----------------------------------------------
             Dated this the 09th day of August, 2023


                              JUDGMENT

This writ petition is filed with following prayers:

(i) Directing the 2nd respondent to register the marriage of the petitioners after interacting with the 1st petitioner through video conferencing.

(ii) To declare that the 2nd respondent has authority to register the marriage without insisting the personal appearance of parties by way of video conferencing.

(iii) Dispense with the translation of the documents produced in the Vernacular Language.

(SIC)

2. The 1st petitioner is now studying at Canada. The

petitioners decided to get married and an application to

Act was submitted before the 2nd respondent, as evident by

Ext.P1. Since the 1st petitioner is abroad, the petitioners want

to solemnize their marriage through online mode/video

conferencing in the light of the dictum laid down by this Court WP(C).No.26278/2023

in Arun R.K. v. State of Kerala [2023 (2) KHC 391].

Hence, this writ petition is filed.

3. Heard the learned counsel for the petitioners and

the learned Government Pleader.

4. After hearing both sides and also in the light of the

dictum laid down by the Division Bench of this Court in Arun

R.K.'s case (supra), I think the prayer in this writ petition can

be allowed on condition that the petitioners will comply the

other directions contained in the above judgment, which is

extracted hereunder:

"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 appears online, WP(C).No.26278/2023

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 S. 13 of the Special Marriage Act."

Therefore, this writ petition is allowed in the following

manner:

1. The 2nd respondent is directed to solemnize the

marriage between the petitioners by online

mode, in the light of the principle laid down in

Arun R.K. v. State of Kerala [2023 (2) KHC

391] on condition that the petitioners will

comply the directions in the dictum laid down in

Arun R.K.'s case.

2. The 2nd respondent will do the needful to

arrange the solemnization of marriage forthwith.

3. The petitioners will produce a stamped certified

copy of this judgment along with a copy of this WP(C).No.26278/2023

writ petition before the 2nd respondent for

compliance.

sd/-

                                   P.V.KUNHIKRISHNAN
JV                                        JUDGE
 WP(C).No.26278/2023





                 APPENDIX OF WP(C) 26278/2023




PETITIONER EXHIBITS
Exhibit P1        TRUE COPY OF THE APPLICATION SUBMITTED
                  BY THE PETITIONERS BEFORE THE 2ND
                  RESPONDENT DATED 22/06/2023
Exhibit P2        TRUE COPY OF THE RELEVANT PAGES OF THE

PASSPORT OF THE PETITIONER ISSUED BY THE PASSPORT OFFICER Exhibit P3 TRUE COPY OF THE POWER OF ATTORNEY EXECUTED BY THE 1ST PETITIONER DATED 25/07/2023