Petitioner sought directions to solemnize marriage and register it allowing foreign spouse to appear virtually due to pandemic restrictions. The court dismissed the petition, holding that video conferencing in marriage is impermissible based on prior precedent.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
TUESDAY, THE 6TH DAY OF JULY 2021 / 15TH ASHADHA, 1943
WP(C) NO. 12843 OF 2021
PETITIONER/S:
JOSPI ALEX AGED 27 YEARS
D/O. ALEX SIMON, METHANATHU HOUSE, VALLICHIRA P.O., PALA, LALAM VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT, PIN CODE-686574.
BY ADVS. C.I.ABRAHAM BINDU ABRAHAM
GEORGE KARITHANAM VARGHESE
RESPONDENT/S:
BY SMT.PRINCY XAVIER, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
W.P.(C) No.12843 of 2021
P.B.SURESH KUMAR, J.
W.P.(C) No.12843 of 2021
Dated this the 6th day of July, 2021
J U D G M E N T
Petitioner intends to marry one Jewel James in terms of the provisions of the Special Marriage Act, 1954 (the Act). On 08.04.2021, the petitioner along with Jewel James served on the third respondent, the Marriage Officer under the Act, a notice of their intended marriage. It is stated by the petitioner that Jewel James who is pursuing his studies at present in United Kingdom is unable to come to India for solemnizing the marriage as he would not be granted leave from the University on account of the travel restrictions from and to India due to the pandemic, Covid - 19. The petitioner, therefore, seeks directions to the third respondent to permit her and Jewel James to solemnize their marriage and
3
W.P.(C) No.12843 of 2021
register the same by allowing Jewel James to appear before the third respondent virtually.
also the learned Government Pleader.
Sd/-
P.B.SURESH KUMAR JUDGE
ds 05.07.2021
4
W.P.(C) No.12843 of 2021
| PETITION | ER ANNE | APPENDIX OF WP(C) 12843/2021 XURE |
|---|---|---|
| Exhibit | P1 | THE TRUE PHOTOSTAT COPY OF THE ONLINE NOTICE GIVEN BY THE PETITIONER AND HER BRIDEGROOM UNDER THE PROVISIONS OF THE SPECIAL MARRIAGE ACT, 1954 (SECTION 5) (NIL DATED). |
| Exhibit | P2 | THE TRUE PHOTOSTAT COPY OF THE ONLINE ACKNOWLEDGEMENT FOR THE SOLEMNISATION OF MARRIAGE (SECTION 5) WITH TRANSACTION ID NO.P 18866314 RECEIVED FROM THE OFFICE OF THE THIRD RESPONDENT (NIL DATED). |
| Exhibit | P3 | THE TRUE PHOTOSTAT COPY OF THE ACKNOWLEDGMENT CUM RECEIPT FOR THE SPECIAL MARRIAGE (SECTION 5) DATED 8.4.2021. |
| Exhibit | P4 | THE TRUE PHOTOSTAT COPY OF THE BOARDING PASS DATED 27.5.2021 ISSUED FROM MALDIVES INTERNATIONAL AIRPORT TO THE PETITIONER. |
| Exhibit | P5 | THE TRUE PHOTOSTAT COPY OF THE CONFIRMATION OF ACCEPTANCE FOR STUDIES DATED 24.10.2019 ISSUED TO MR. JEWEL JAMES FROM UNIVERSITY OF BEDFORDSHIRE, LUTON, UNITED KINGDOM. |
| Exhibit | P6 | THE TRUE PHOTOSTAT REPRESENTATION DATED 23.6.2021 FOR PERMITTING BRIDEGROOM, VIZ. MR.JEWEL JAMES, TO JOIN WITH BRIDE AND WITNESSES THROUGH VIRTUAL MEETING IN THE SOLEMNIZATION OF MARRIAGE PROCEEDINGS. |
| Exhibit | P7 | THE TRUE PHOTOSTAT COPY OF POSTAL RECEIPT DATED 23.6.2021 SHOWING THE SERVICE OF EXHIBIT P6. |
2 issues framed by the court
Whether the writ court can direct a Marriage Officer to permit solemnization of marriage via video conferencing allowing a foreign spouse to appear virtually.
Whether the relief sought to allow virtual appearance for marriage solemnization under the Special Marriage Act, 1954 is permissible in light of prior precedent.
Colour shows how this judgement treated each authority
W.P.(C) No.1838 of 2019Followed¶29
Jospi Alex
State of Kerala
Marriage Officer, Ettumanoor
P.B. Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
