Allowed

Sherin Ann Reji v. State of Kerala

Kerala HC21 Jan 2022WP(C)/1666/2022

Case brief

AI extract

What is this about?

The High Court directed a Marriage Officer to solemnise an online marriage between the petitioners and their relatives under the Special Marriage Act, 1954, due to travel restrictions caused by the pandemic, specifying rules for witness identification and signatures.

What did the court decide?

Directing the Marriage Officer to solemnise marriage and issue certificate online under specified conditions regarding witnesses, documents, and signatures.

Sherin Ann Reji Vs State of Kerala — Constitutional and Fundamental Rights | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE N.NAGARESH

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FRIDAY, THE 21^ST DAY OF JANUARY 2022 / 1ST MAGHA, 1943

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WP(C) NO. 1666 OF 2022

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PETITIONERS:

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1 SHERIN ANN REJI AGED 25 YEARS

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D/O. REJI JOSE, KURIKILUM KUNNEL HOUSE, KIDANGOOR P.O., KIDANGOOR, KOTTAYAM DISTRICT, PIN-686572.

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2 K.M.MATHEW, AGED 62 YEARS

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S/O. K.L.MATHAI, KARIKULATHIL HOUSE, ONAMTHURUTH P.O., ONAMTHURUTH, KOTTAYAM DISTRICT, PIN-686602.

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BY ADVS.

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M.P.MADHAVANKUTTY MATHEW DEVASSI

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT,

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THIRUVANANTHAPURAM, PIN-695001.

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2 MARRIAGE OFFICER (SUB REGISTRAR OFFICER), SUB REGISTRAR'S OFFICE, KIDANGOOR, KIDANGOOR P.O., KOTTAYAM DISTRICT-686572.

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SMT.PARVATHY KOTTOL, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C) No.1666/2022

: 2 :

N. NAGARESH, J.

W.P.(C) No.1666 of 2022

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Dated this the 21^st day of January, 2022

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J U D G M E N T

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~ ~ ~ ~ ~ ~ ~ ~ ~

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The petitioners are before this Court for issuance of a writ of Mandamus directing the 2^nd respondent-Marriage Officer to solemnise the marriage between the 1^st petitioner and Mr. Mervin M. Mathew online and to issue the Marriage Certificate under the Special Marriage Act, 1954.

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The 1^st petitioner, a B.Tech Computer Science Graduate, desires to marry the 2^nd petitioner’s son Mr. Mervin M. Mathew who is a Mechanical Engineer presently employed at Otava in Canada. Though the marriage is fixed with the blessings of bride’s as well as bridegroom’s families,

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Mr. Mervin M. Mathew is not in a position to come to India

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W.P.(C) No.1666/2022

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: 3 :

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from Canada due to restrictions imposed in the light of Covid-19 and Omicron pandemics spread all over the world. There are restrictions on international travel also.

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Mr. Mervin M. Mathew can arrange a family Visa for the 1^st petitioner, who has a fair chance of getting suitable employment in Canada. The petitioners are but not in a position to hold the marriage in the physical presence of Mr.Mervin M. Mathew. The petitioners therefore seek appropriate orders of this Court to get the marriage solemnised online, under the Special Marriage Act, 1954. The petitioners contend that in similar circumstances, this Court has passed orders allowing solemnisation of marriage online.

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The learned Government Pleader submitted that the marriage can be solemnised under the Special Marriage Act, 1954 provided the 1^st petitioner and Mr. Mervin M. Mathew satisfy all other requirements under law. Solemnisation can be only after the expiry of mandatory notice period prescribed under the Act, 1954. This Court has

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W.P.(C) No.1666/2022

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: 4 :

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in similar circumstances permitted parties to get the marriage solemnised online, in W.P.(C) No.15244/2021 and connected cases.

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I have heard the learned counsel for the petitioners and the learned Government Pleader representing the respondents.

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The issue whether solemnisation of marriage under the Special Marriage Act can be conducted by virtual mode was considered by this Court in WP(C) No.15244/2021 and connected cases. In those writ petitions, this Court granted relief to the petitioners therein. In view of the directions given by this Court in Ext.P5 judgment, the petitioners also can be granted relief.

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In the circumstances, the writ petition is disposed of with the following directions:

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(I) The Marriage Officer under the Special Marriage Act is directed to solemnise marriage or register the marriage, as the case may be, through online subject to the conditions hereafter referred.

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W.P.(C) No.1666/2022

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: 5 :

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(i) The witnesses required for solemnisation of

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marriage shall be present before the Marriage Officer.

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(ii) The witnesses shall identify the parties who are online.

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(iii) 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.

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(iv) Wherever signature of parties are required, that shall be affixed by the authorised Power of Attorney of the parties or any agent who produce any other official documents recognised under the Indian law on behalf of the parties who appear online.

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(II) All other necessary formalities as required by law shall be complied with before solemnisation of marriage.

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(III) The Marriage Officer shall fix the date and time and convey the same to the parties in advance.

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(IV) The Marriage Officer is free to fix the mode of online platform.

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W.P.(C) No.1666/2022

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: 6 :

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(V) The Marriage Officer is directed to comply with the directions as expeditiously as possible on completion of the statutory formalities.

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(VI) On solemnization of marriage, the certificate of marriage shall be issued in the manner as referred to in Section 13 of

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the Special Marriages Act.

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Sd/-

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N. NAGARESH, JUDGE

aks/24.01.2022

W.P.(C) No.1666/2022

: 7 :

APPENDIX OF WP(C) 1666/2022

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PETITIONER'S EXHIBITS

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Exhibit P1 Exhibit P2 Exhibit P3	TRUE 17.7. TRUE TO 18.12 TRUE MARRI	COP 2014 COPY MR.M .201 COPY AGE	Y OF THE AADHAAR OF SHERIN ANN REJI. OF THE AADHAAR CARD ERVIN M. MATHEW 1. OF THE NOTICE OD I DATED 30.11.2021 ISS	DATED ISSUED DATED NTENDED UED BY
	THE KERAL	DEP A.	ARTMENT OF REGIST	RATION,
Exhibit P4	TRUE BEARI	COPY NG N	OF THE LETTER DATED 7 O.C.210/2021 ISSUED	.1.2022 BY THE
	2ND OFFIC	RES ER,	PONDENT SUB REGI KIDANGOOR.	STRAR'S
Exhibit P5	TRUE	COP	Y OF THE JUDGMENT	DATED
	3.12. PASSE	2021 D BY	IN W.P.(C) NO.27519 THIS HON'BLE COURT.	OF 2021

Sherin Ann Reji v. State of Kerala

Case brief

What is this about?

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Sherin Ann Reji v. State of Kerala

Case brief

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