Kerala High Court
Aiswarya P.Sunil vs State Of Kerala on 12 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 12TH DAY OF JUNE 2023 / 22ND JYAISHTA, 1945
WP(C) NO. 18614 OF 2023
PETITIONER/S:
1 AISWARYA P.SUNIL
AGED 27 YEARS
DAUGHTER OF SUNIL KUMAR P.D, PULIMOOTTIL HOUSE,
MULANTHURUTHY P.O, ERNAKULAM DISTRICT, PIN -
682314
2 LATHA THANKAPPAN
AGED 61 YEARS
WIFE OF THANKAPPAN, EDATHOTTIL HOUSE,
KARATTUPALLIKARA, PERUMBAVOOR P.O, ERNAKULAM
DISTRICT, PIN - 683542
BY ADVS.
K.JAGADEESH
V.RENJU
NIKHEL K GOPINATH
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF REGISTRATION, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE SPECIAL MARRIAGE OFFICER,
SUB REGISTRAR OFFICE, MULANTHURUTHY, ERNAKULAM
DISTRICT, PIN - 682314
OTHER PRESENT:
SRI.B.S.SYAMANTAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.06.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
-2-
W.P.(C). No. 18614 of 2023
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No. 18614 of 2023
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Dated this the 12th day of June, 2023
JUDGMENT
The above writ petition is filed with following prayers:
"(a) Issue a writ of mandamus or any other appropriate
writ or order or direction to the 2nd respondent to solemnise
the marriage between the 1st petitioner and Naveen
Thankappan, the son of the 2nd Petitioner pursuant to
Ext.P.1 notice under Special Marriage Act through
online/video conferencing.
(b) To dispense with the English translation of exhibits in
Malayalam.
(c) Grant such other relief which are appropriate and
incidental to this proceeding and which this Honourable
Court deems fit and proper." (sic)
2. The 1st petitioner and the son of the 2nd petitioner decided
to get married under the Special Marriage Act. The 2 nd petitioner's
son is working at Malta. He came to India and submitted application
on 03.05.2023 and decided to get married with the 1 st petitioner. But
the 2nd petitioner's son had to rush back to Malta on 20.05.2023 at his
employer's request, is the submission. It is also submitted that son of
W.P.(C). No. 18614 of 2023
the 2nd petitioner is not in a position to make himself available and
physically present before the 2nd respondent for performing the
marriage. Therefore, the 1st petitioner submitted a request before the
2nd respondent to solemnise the marriage between the 1st petitioner and
the son of the 2nd petitioner through online mode /video conferencing.
The petitioners are relying on the judgment of this Court in Vishnu
Prasad v. State of Kerala [2022 (3) KLJ 353].
3. Heard the counsel for the petitioner and the Government
Pleader.
4. In Vishnu Prasad case (supra), this Court held that online
mode/video conferencing is possible for registration of marriage as
per Special Marriage Act on condition that the petitioners will comply
with the conditions mentioned in the judgment. It will be better to
extract the conditions in Vishnu Prasad case (supra) here:
"(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
W.P.(C). No. 18614 of 2023
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 nd 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."
W.P.(C). No. 18614 of 2023
5. The petitioners submitted that they are ready to comply
with the conditions. In the light of the above, I think the prayers in
this writ petition can be allowed.
Therefore, this writ petition is allowed in the following manner:
1. The 2nd respondent is directed to solemnize the marriage
between the 1st petitioner and Mr.Naveen Thankappan, the
son of the 2nd petitioner pursuant to Ext.P1 notice under the
Special Marriage Act, online / video conferencing on
condition that the petitioner and the son of the 2 nd petitioner
will comply with the conditions mentioned in the judgment
in Vishnu Prasad case (supra).
2. The petitioners will produce a stamped certified copy of
this judgment before the 2nd respondent for compliance.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
W.P.(C). No. 18614 of 2023
APPENDIX OF WP(C) 18614/2023
PETITIONER EXHIBITS
Exhibit.P.1 TRUE COPY OF THE NOTICE OF THE INTENDED
MARRIAGE SUBMITTED BY THE 1ST
PETITIONER AND NAVEEN THANKAPPAN TO THE
2ND RESPONDENT DATED 3-5-2023
Exhibit.P.2 TRUE COPY OF THE APPLICATION SUBMITTED
BY THE 1ST PETITIONER TO THE 2ND
RESPONDENT DATED 20-5-2023.
Exhibit.P.3 TRUE COPY OF THE ORDER PASSED BY THE
HONOURABLE HIGH COURT REPORTED IN
2022(3)KLJ 353
