A Single Judge Bench of the Kerala High Court, comprising of Justice N Nagaresh has ordered the Local Registrar to issue a marriage certificate to the petitioner’s son and daughter-in-law by accepting their presence in virtual mode as they were stuck in Israel.
“The writ petition is disposed of directing the 3rd respondent to register the marriage of the petitioner’s son and daughter-in-law adopting video conferencing facility.”
Background of the Case
The petitioner is the father of Mr. Mohan Sebastian- married to Mrs. Sonia Raju who is now working and residing in Israel. Both of them were working in Israel. After the marriage, the couple went to Israel, and due to the COVID-19 pandemic- they are unable to travel back to India and register the marriage before the Local Registrar. Mrs. Sonia Raju gave birth to a child and to get the birth certificate of the child, they were to produce their marriage certificate before the authorities of Israel.
The couple, therefore, applied for registration of marriage to the Registrar of Births and Deaths at Changanassery Municipality. The application was rejected due to the non-appearance of parties in person before the Registrar. Therefore this petition was filed before this Court.
Submission of the Petitioner
The Counsel on the behalf of Petitioner submitted that due to the pandemic situation all over the world, his son and daughter-in-law were not in a position to travel from Israel to Kerala. They were ready to appear before the Registrar by virtual mode.
"Unless the marriage is registered utilizing virtual mode/video conferencing, the future of the newborn child will be put to difficulties and it will affect the family adversely."
He also referred to the case of Mathew T.K. v. Secretary and Registrar of Marriages, Alappuzha and another in which this Court had held that Local Registrar can obtain personal appearance through Video Conferencing for the purpose of registration of marriages.
Court Judgment and Reasoning
The Court considered all the facts and circumstances and held that Petitioner’s son can get a marriage certificate by appearing before the Municipal Commissioner on virtual mode. The Court also followed the order passed in the case of Mathew T.K. v. Secretary and Registrar of Marriages, Alappuzha and another.
Therefore, the Court disposed of the Writ Petition by instructing the Petitioner to present the copy of this order before the Municipal Commissioner for prompt compliance with this judgment.
Case Details
Case:- WP(C).No.9978 OF 2021(V)
Petitioner:- SEBASTIAN THOMAS
Respondent:- SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT & ORS
Counsel for Petitioner:- SRI.AJEESH S.BRITE
Judge: JUSTICE N NAGARESH
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