Disposed

Soumya P.K v. State of Kerala

Kerala HC7 Jan 2022WP(C)/71/2022

Case brief

AI extract

What is this about?

This writ petition concerned the petitioner's request for virtual marriage solemnization when the groom could not travel to India due to pandemic restrictions. The Court permitted online solemnization subject to specific conditions.

What did the court decide?

Direction to Marriage Officer to solemnize marriage online with conditions on witness presence, identification, and power of attorney for signatures.

Soumya P.K 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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FRIDAY, THE 7TH DAY OF JANUARY 2022 / 17TH POUSHA, 1943

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WP(C) NO. 71 OF 2022

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PETITIONER:

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SOUMYA P.K
AGED 29 YEARS
D/O. BALAGOPALAN .K.M., SOUBHAGYA HOUSE,
CHUNDA, P.O.MOTTAMAL, KANNAPURAM, KANNUR, PIN-670 331
BY ADVS.

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P.K.PRIYA
SURAJ PHILIP JACOB

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-695001

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2 MARRIAGE OFFICER,

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SUB REGISTRAR OFFICE, KALLIASSERI ,KANNUR, PIN-670 562

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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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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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5 SUKUMARAN, AGED 65 YEARS S/O. LATE VASU SUKRUTHAM, AKATHETHARA, PALAKKAD, PIN-678 008

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BY ADV N.P.ASHA R5

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SRI.APPU P S, GP, SRI. MANU S. ASGI

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 71 OF 2022 2

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JUDGMENT

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Dated this the 7^th day of January, 2022

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The petitioner states that her marriage was decided to be conducted with Anujith, son of the 5^th respondent, on 05.11.2020, at Guruvayoor Temple. The bridegroom Anujith is working in New Zealand. After fixing the marriage, Anujith returned to New Zealand on 28.02.2020.

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Due to Covid-19 pandemic, the said Anujith could not come over to India. The petitioner therefore wants to solemnise and register her marriage under the Special Marriage Act. Even now, there are international travel restrictions, contends the petitioner. According to the petitioner, in similar circumstances, this Court has permitted parties to register the marriage on virtual mode. Since the fiance of the petitioner is not in a position to come down to India in the near future, the petitioner may also be given the benefit of

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WP(C) NO. 71 OF 2022 3

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solemnisation of marriage on virtual mode.

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The learned Government Pleader, on instructions, submits that Ext.P2 application was received by the Marriage Officer only on 29.11.2021. Evenif the application was received only on 29.11.2021, the mandatory notice period is already over. The learned counsel representing the 5^th respondent submits that the marriage has been fixed with the co-operation of both families and a permission to register the marriage on virtual mode will be of great relief to both the families.

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In the circumstances, this Court finds that the petitioner should be permitted to solemnise her marriage with Anujith, son of the 5^th respondent, through virtual mode.

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In the circumstances, the 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

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referred:

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WP(C) NO. 71 OF 2022 4

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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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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. 71 OF 2022 5

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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

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shall be issued in the manner as referred to in Section 13 of the Special Marriage Act.

N.NAGARESH

JUDGE

hmh

WP(C) NO. 71 OF 2022 6

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APPENDIX OF WP(C) 71/2022

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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 25.11.2021

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Exhibit P3TRUE COPY OF THE CERTIFICATE OF CONSENT
FOR MARRIAGE GIVEN BY THE PARENTS OF THE
ANUJITH

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Exhibit P4TRUE COPY OF THE RECEIPT ISSUED BY THE
REGISTRATION DEPARTMENT DATED 25.11.2021
Exhibit P5TRUE COPY OF THE INTERIM ORDER DATED
09.09.2021 IN WPC NO.15244 OF 2021
PASSED BY THIS HONOURABLE COURT

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RESPONDENT EXHIBITS NIL

Soumya P.K v. State of Kerala

Case brief

What is this about?

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Soumya P.K v. State of Kerala

Case brief

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