The Kerala High Court Justice N. Nagaresh in the case titled Raphy Anthony Chakkalakkal v. Registrar of Marriages gives his views on registration of marriage through video conferencing.

Facts of the case:

In the instant case, the petitioner is the father of Mr. Steffin Raphy who is aged 31 years and now residing in Dubai. Mr. Steffin Raphy married Mrs. Rachel Teresa who is also residing in Dubai. The marriage was solemnised on 30.11.2020 as per Christian rites at Sacred Heart Latin Church, Thrissur. The couple intended to return home for Christmas and to apply for the Certificate of Marriage from the Registrar of Marriages. However, due to the onset of UK strain of Covid-19 in UAE, international flights were cancelled and the couple could not come to the native place. By the time, the couple was blessed and a baby is due to be born in August, 2021. To obtain the passport for a child, it is mandatory that the marriage of the father and mother is registered. The UAE laws do not recognise marital status unless the marriage is registered in accordance with the law of the original country. In the absence of an officially registered marriage, the couple will be exposed to the possibility of criminal prosecution as per the stringent laws of Dubai. The petitioner filed the petition seeking direction to the respondent-Registrar of Marriages to register the marriage of the petitioner's son and daughter-in-law without insisting for their personal presence.

Submission of the respondent:

The respondent submitted that neither the husband nor the wife has made any application for the registration of the marriage. Even in this writ petition, the husband and wife are not parties. The writ petitioner does not hold the Power of Attorney of his son or daughter-in-law. Therefore, the writ petition should not be entertained.

High Court’s observation & Judgment:

The High Court had occasion to decide on a similar issue in the judgment in Mathew T.K. v. Secretary and Registrar of Marriages, Alappuzha and another [2020 (4) KLT 853]. This Court in the said judgment relied on an earlier judgment in Pardeep Kodiveedu Cletus v. Local Registrar of Marriages (Common) [2018 (1) KLT 292] wherein it was held that for the purpose of registration of already solemnised marriages, in extreme cases where the parties find it difficult to personally appear before the notified Registrar for registration of their already solemnised marriage, the same could also be effected through the process of video conferencing.

The writ petition is allowed with the following directions: -

(i) The respondent-Registrar of Marriages/Secretary of the Grama Panchayat will act upon the application that may be submitted by the petitioner for registration of marriage, on behalf of his son Mr. Steffin Raphy and Mrs. Rachel Teresa. The factual aspects in that regard may be immediately ascertained. The petitioner will provide video conferencing facility to enable the respondent-Registrar to interact with the above said couple to ascertain the factum of the solemnisation of the marriage and also as to whether they have authorised the petitioner and his wife to be the signatories in the marriage register for and on behalf of the said couple.

(ii) The petitioner will file an affidavit stating that he has been fully authorised by the bridegroom, to sign the marriage register for and on behalf of the bridegroom and the petitioner's wife will also file a separate affidavit to the effect that she has been duly authoised by the bride to sign the marriage register for and on behalf of the bride.

(iii) If it is ascertained that the petitioner and his wife (who are the parents of the bride groom) have been authorised by the said couple to sign the marriage register for and on behalf of the bride groom and the bride respectively, then after completing the necessary formalities, the respondent will permit the petitioner to sign in the marriage register for and on behalf of the bride groom and the petitioner's wife should be permitted to sign the marriage register for and on behalf of the bride.

(iv) Thereafter, the respondent will forthwith issue the certificate of the registration of the marriage to the petitioner regarding the factum of the solemnisation of the marriage of the said couple.

The Court further ordered:

"The respondent will ensure that the column immediately after the column, which is to be signed by the petitioner and his wife in the marriage register, shall be left blank and registration of the further marriages should be endorsed and entered only in the column subsequent to the said vacant space in the marriage register. It is further ordered that the above said couple, shall personally appear before the respondent-Registrar and shall personally sign in the vacant column of the said marriage register within a period of 12 months from the date of issuance of the marriage certificate as afore stated."
"In case the above said couple do not comply with the above said directions and they do not personally appear and sign in the marriage register before the respondent within the said outer time limit of 12 months from the issuance of the above said marriage certificate, then the respondent-Registrar will be at liberty to issue notice to the petitioner herein and give opportunity to the couple to personally report before him within a short time as may be given by the respondent and still if the couple does not comply the said direction, then the respondent-Registrar will be at liberty to take steps to revoke the said registration and consequently to revoke the certificate of marriage so given."
"Thereupon, the couple will be liable to surrender the original of such certificate of marriage to the respondent-Registrar. But, such action of the respondent will be without prejudice to the right of the couple to subsequently approach the respondent to seek for fresh registration of the solemnised marriage in accordance with the Rules. But, in such an eventuality they will have to personally appear and sign in the marriage register”

Read Judgement Here:

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