A single judge of the Kerala High Court on Wednesday referred to a larger bench the issue whether solemnisation of marriage under the Special Marriage Act could be permitted through video conferencing.
Justice P.B. Suresh Kumar passed the order on a few writ petitions seeking a directive to solemnise their marriages under the Act through video conferencing as they could not present themselves physically before the marriage officer.
The court observed that a large number of cases involving situations where one or both parties to the intended marriage had to leave the country after giving notice of the intended marriage and could not consequently solemnise the marriage were coming up before the High Court. A pragmatic interpretation of the Act would redress the grievances of many such people.
The court referred the case to the larger bench because of the High Court’s earlier ruling that the marriage could not be solemnised through video conferencing.
The Judge was of the view that the act to be performed for solemnising the marriage need not be a physical act. The marriage under the Act could be solemnised even by exchange of words Besides, in the light of Section 10A of the Information Technology Act, it could not be said that a proposal and acceptance made by the parties to a marriage through video conferencing was invalid. There was, therefore, absolutely no reason why the parties to a marriage under the Act shall not be solemnised by exchange of words through video conferencing.
According to the petitioners, the physical presence of the bride and groom was not required while solemnising the wedding under the Act.
The State government submitted that solemnising was mandatory prior to registration of marriage. Therefore, the presence of both the parties as well as the witnesses before the marriage officer was mandatory. Besides, if an online mode of solemnisation was permitted, maintaining an electronic register of marriages and online mode of payment would have to be put in place.
The government further said the Act made it clear that either the bride or the groom should be a resident of the area within the territorial limits of the marriage officer for a minimum of 30 days prior to issuing the notice of the intended marriage. So, two persons who live abroad could not get their marriage solemnised online if they do not satisfy the residential requirement.
