The High Court of Kerala allowed a lawyer in Kerala and her fiancé in the USA to solemnise their marriage online (on virtual mode) because her fiancé could not travel to India due to travel restrictions, in a case Rintu Thomas v State of Kerala.
The High Court, relying on the interim order of the Division Bench in Dhanya Martin v State of Kerala, directed the Marriage Officer under the Special Marriage Act to solemnise their marriage under certain stipulations. The conditions stipulated by the court are as follows:
- The witnesses required for solemnisation of marriage shall be present before the Marriage Officer.
- The witnesses shall identify the parties who are online.
- 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.
- Wherever signature of any party is required, that shall be affixed by the authorised Power of Attorney of the parties or any agent who produce any other official document recognised under the Indian law on behalf of the party who appears online.
All other necessary formalities as required by law shall be complied with before solemnisation of marriage.
The Marriage Officer shall fix the date and time and convey the same to the parties in advance. The Marriage Officer is free to fix the mode of online platform.
The Marriage Officer is directed by the High court to comply with the directions as expeditiously as possible on completion of the statutory formalities.
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.
These cases are posted for further hearing to await views of the Central Government and State Government to find technological solution within the legal frame work to support online solemnisation or registration of the marriage.
Dhanya Martin case remains pending
Despite the interim order the Dhanya Martin case referred to is still pending for further hearing by the Division Bench so as to elicit the views of the Central Government and State Government to find technological solution within the legal frame work to support online solemnisation or registration of the marriage.
The court will then come to a conclusion on considering the views of both the governments.
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