In a significant order, the Madurai Bench of the Madras High Court has directed authorities to facilitate the marriage of a bride, who is in India, with a groom, a U.S. citizen of Indian origin, in the presence of three witnesses through virtual mode, while observing that law has to keep pace with the march of technology.
The court was hearing the petition filed by P.N. Vasmi Sudarshini of Kanniyakumari district, who fell in love with L. Rahul Madhu, a U.S. citizen. They wanted to get married. Rahul came to India and they submitted a joint application to the Sub-Registrar in Manavalakurichi in Kanniyakumari district under the Special Marriage Act on May 5.
A notice was published on May 12 and objections were received from Rahul’s father and another person. The marriage officer came to the conclusion that the objections were not reasonable. The mandatory 30-day period under the Act expired on June 12.
The parties appeared before the officer on June 13. However, the officer could not solemnise the marriage for some reason and Mr. Rahul had to return immediately owing to visa requirements. The petitioner moved the court seeking a direction to authorities to solemnise their marriage under Section 12 of the Act through video conferencing.
Justice G.R. Swaminathan observed that Section 12 of the Special Marriage Act gave a choice to the parties to adopt any approved form of solemnisation of marriage.
He said the parties did not propose to conduct proxy marriage. The bridegroom would be present virtually, which was not excluded under the Section.
Referring to the procedures followed in some other countries, the judge said Singapore enacted COVID-19 (Temporary Measures for Solemnisation and Registration of Marriages) Act, 2020, allowing solemnisation and registration of marriages using remote communication technology. Eligible couples could solemnise their marriage online. Even statutory declarations could be made virtually.
According to the Hanafi school of thought in Pakistan, marriage could be performed through Skype, the judge said.
Right to marry was a fundamental human right. Section 12 (2) of the Special Marriage Act stated that marriage might be solemnised in any form chosen by the parties.
In this case, the parties had chosen online mode. Since law had to keep pace with the march of technology, the choice of the parties very much passed legal muster, the judge said and directed the authorities to facilitate the marriage of the petitioner with Rahul Madhu through virtual mode in the presence of three witnesses.
After the marriage, the petitioner could affix her signature in the marriage certificate book both for herself and for Rahul Madhu. Thereupon, the certificate of marriage should be issued under Section 13 of the Act by the authorities, the judge said.
