Allowed

Anjali Elias, v. State of Kerala

Kerala HC12 Jan 2022WP(C)/649/2022

Case brief

AI extract

What is this about?

The Court allowed a writ petition to permit the solemnisation of a marriage under the Special Marriage Act through virtual mode due to the Covid-19 pandemic, providing specific conditions for witness presence and identification of parties appearing online.

What did the court decide?

Directions issued to Marriage Officers to solemnize the petitioner's marriage through virtual mode with specific conditions regarding witnesses and identification.

Anjali Elias, 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 12^TH DAY OF JANUARY 2022 / 22ND POUSHA, 1943

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WP(C) NO. 649 OF 2022

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PETITIONER:

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ANJALI ELIAS, AGED 28 YEARS, D/O.ELIAS.M.J., MAROKKIL HOUSE, PUTHENCRUZ P.O., ERNAKULAM, PIN-682 3080

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BY ADV P.K.PRIYA

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RESPONDENTS:

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

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2 MARRIAGE OFFICER, SUB REGISTRAR OFFICE, PUTHENCRUZ, ERNAKULAM, PIN-682 308.

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3 THE SECRETARY, DEPARTMENT OF INFORMATION & TECHNOLOGY, (GOVERNMENT OF INDIA), ELECTRONICS NIKETAN, 6, CGO COMPLEX, LODHI ROAD, NEW DELHI-110 003.

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4 THE SECRETARY, THE MINISTRY OF EXTERNAL AFFAIRS, GOVERNMENT OF INDIA, J674+54V, E BLOCK, CENTRAL SECRETARIAT, NEW DELHI, PIN-110 001.

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5 SUNNY.A.I., AGED 62 YEARS, S/O.LATE ITTIAVARA, PANAYIDATHUSSERIL HOUSE,

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PANCODE P.O., ERNAKULAM, PIN-682 310.

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6 DOLLY SUNNY, AGED 62 YEARS, W/O.SUNNY.A.I., PANAYIDATHUSSERIL HOUSE,

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PANCODE P.O., ERNAKULAM, PIN-682 310.

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WP(C).No.649/2022

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R5 AND 6 BY ADV.SMT.N.P.ASHA SRI.MANU.S, ASGI SRI.APPU P.S, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.649/2022

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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 son of the 5^th and 6^th respondents, Georgekutty Sunny decided to get married. The marriage was fixed in February, 2018. The Betrothal was to take place in January, 2020 and the marriage in February, 2020. The bridegroom Georgekutty Sunny is working at New Zealand. Due to wide spread Covid-19 pandemic, the bridegroom 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 bridegroom for solemnisation of the marriage.

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WP(C).No.649/2022

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The learned counsel for the petitioner submitted that the bridegroom 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 counsel for the petitioner submitted that in similar circumstances, this Court has granted permission to solemnise marriages under the Special Marriage Act, 1954 by virtual mode. The petitioner may also be extended with the said benefit.

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Adv. N.P.Asha representing the 5^th and 6^th

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respondents submitted that the family of the bride groom Georgekutty has no objection in the marriage and the marriage was arranged with the co-operation of both the families. If the physical presence of the bridegroom is insisted for solemnisation of the marriage, the son of the 5^th and 6^th respondents 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

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WP(C).No.649/2022

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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 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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Heard the learned counsel for the petitioner, the learned Government Pleader representing respondents 1 and 2, the learned counsel for the 5^th and 6^th respondents 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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WP(C).No.649/2022

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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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i. The witnesses required for solemnisation of 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 appeared online.

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WP(C).No.649/2022

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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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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 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.

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Sd/- N. NAGARESH JUDGE

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WP(C).No.649/2022

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APPENDIX OF WP(C) 649/2022

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PETITIONER'S EXHIBITS:

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Exhibit P1 PHOTOGRAPH EVIDENCING THE FUNCTION. Exhibit P2 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 02.12.2021. Exhibit P3 TRUE COPY OF THE CERTIFICATE OF CONSENT FOR MARRIAGE GIVEN BY THE PARENTS OF THE GEORGEKUTTY SUNNY. Exhibit P4 TRUE COPY OF THE RECEIPT ISSUED BY THE REGISTRATION DEPARTMENT DATED 02.12.2021. Exhibit P5 TRUE COPY OF THE INTERIM ORDER DATED 09.09.2021 IN WPC NO.15244 OF 2021 PASSED BY THIS HONOURABLE COURT.,

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Anjali Elias, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Anjali Elias, v. State of Kerala

Case brief

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What did the court decide?

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