Allowed

Tinu Augustine v. State of Kerala

Kerala HC12 Jan 2022WP(C)/592/2022

Case brief

AI extract

What is this about?

The High Court allowed a writ petition permitting solemnization of marriage under the Special Marriage Act via virtual mode. Citing a prior order regarding the pandemic, the Court directed Marriage Officers to conduct the ceremony online with conditions, ensuring witness presence and proper identification.

What did the court decide?

Directed Marriage Officers to solemnize marriage via online mode with conditions including physical presence of witnesses, verification of documents, and use of power of attorney for signatures.

Tinu Augustine Vs State of Kerala — Matrimonial and Divorce | 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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WEDNESDAY, THE 12TH DAY OF JANUARY 2022 / 22ND POUSHA, 1943

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WP(C) NO. 592 OF 2022

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PETITIONER:

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TINU AUGUSTINE

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AGED 27 YEARS

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S/O.AUGUSTIN, VALAVANATTU HOUSE, KARUVENCHAL P.O.,
KANNUR, PIN - 670 571.
BY ADV P.K.PRIYA

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2 MARRIAGE OFFICER

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SUB REGISTRAR OFFICE, ALAKODE, KANNUR, PIN - 670 571.
3THE SECRETARY
DEPARTMENT OF INFORMATION & TECHNOLOGY,
(GOVERNMENT OF INDIA), ELECTRONIC NIKETAN, 6,
CGO COMPLEX, LODHI ROAD, NEW DELHI - 110 003.
4THE SECRETARY
THE MINISTRY OF EXTERNAL AFFAIRS, GOVERNMENT OF INDIA,
J674+54V, E BLOCK, CENTRAL SECRETARIAT, NEW DELHI,
PIN - 110 001.

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5JOSE P.J.
AGED 57 YEARS
S/O.LATE JOSEPH, PANTHAMAKKAL HOUSE, PARAPPA P.O.,
KASARAGOD, PIN - 671 533.
BY ADV N.P.ASHA - R5

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SRI.SHAMEER P M, GP
SRI. S. MANU- ASGI

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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12.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 592 OF 2022 2

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JUDGMENT

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Dated this the 12^th day of January, 2022

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The petitioner and the daughter of the 5^th respondent, Josina Jose intend to get married. The marriage was fixed in August, 2020. The Betrothal was to take place in March, 2021 and the marriage in April, 2021. The bride Josina Jose is working in United Kingdom. Due to wide spread Covid-19 pandemic, the bride is not in a position to travel to India for solemnisation of the marriage.

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The petitioner submitted Ext.P2 application/notice of intended marriage before the 2^nd respondent. The 2^nd respondent is insisting personal presence of the bride for solemnization of the marriage.

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The learned counsel for the petitioner submitted that the bride is not in a position to travel to India for solemnisation of the marriage due the subsisting Covid-19 pandemic world across and the restrictions on international travel. The learned

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counsel for the petitioner submitted that in similar

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WP(C) NO. 592 OF 2022 3

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circumstances, this Court has granted permission to solemnise the marriage under the Special Marriage Act, 1954 under virtual mode. The petitioner may also be extended with the said benefit.

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Adv. N.P.Asha representing the 5^th respondent submitted that the family of the bride Josina Jose has no objection in the marriage and the marriage was arranged with the co-operation of both families. If the physical presence of the bride is insisted for solemnisation of the marriage, the 5^th respondent’s daughter will be put to untold hardship.

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The learned Government Pleader, on instructions, submits that the 2^nd respondent has received Ext.P2 application. The solemnisation of the marriage can be made only after the statutory notice period. The marriage has to be solemnised on or before 01.03.2022. In view of the fact that

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this Court has permitted solemnisation of the marriage under virtual mode in similar circumstances, the petitioner can be extended the same benefit, subject to conditions.

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WP(C) NO. 592 OF 2022 4

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Heard the learned counsel for the petitioner, the

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learned Government Pleader representing respondents 1 and 2, the learned counsel for the 5^th respondent and the learned Assistant Solicitor General of India representing respondents 3 and 4.

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This Court has considered the issue of solemnisation of marriage through virtual mode in the order dated 09.09.2021 in W.P.(C) No.2072 of 2021 and connected cases. This Court held that the public administration has to be modernised and its structure and function should also be modernised failing which the law would remain incongruous to defeat the objective it required to secure.

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In view of the orders passed by this Court in W.P.(C) No.2072 of 2021 and connected cases, this writ petition is disposed of with the following directions:-

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I. The Marriage Officers 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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WP(C) NO. 592 OF 2022 5

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i. The witnesses required for solemnisation of marriage

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shall be present before the Marriage Officer.

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ii. The witnesses shall identify the parties who are online. 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 appeared 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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WP(C) NO. 592 OF 2022 6

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V. The Marriage Officer is directed to comply with the

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directions as expeditiously as possible on completion of the statutory formalities.

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VI. On solemnisation 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 Marriage Act.

N.NAGARESH

JUDGE

hmh

WP(C) NO. 592 OF 2022 7

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APPENDIX OF WP(C) 592/2022

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PETITIONER EXHIBITS

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Exhibit P1PHOTOGRAPH EVIDENCING THE FUNCTION.
Exhibit P2TRUE COPY OF THE APPLICATION FILED BY
THE PETITIONER BEFORE THE 2ND RESPONDENT
DATED 07/12/2021.

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Exhibit P3TRUE COPY OF THE CERTIFICATE OF CONSENT
FOR MARRIAGE GIVEN BY THE FATHER OF THE
JOSINA JOSE.

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Exhibit P4TRUE COPY OF THE RECEIPT ISSUED BY THE
REGISTRATION DEPARTMENT DATED
07/12/2021.

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Exhibit P5TRUE COPY OF THE INTERIM ORDER DATED
09/09/2021 IN WP(C) NO.15244 OF 2021
PASSED BY THIS HONOURABLE COURT.

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RESPONDENT EXHIBITS NIL

Tinu Augustine v. State of Kerala

Case brief

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Tinu Augustine v. State of Kerala

Case brief

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