Allowed

Ajithamol P.K. v. State of Kerala

Kerala HC23 Mar 2022WP(C)/9158/2022

Case brief

AI extract

What is this about?

The High Court permitted the petitioner to solemnize/register her marriage via video conferencing despite the bridegroom's absence in Kuwait. The court directed the Marriage Officer to register the marriage online if certified divorce documents are produced, subject to physical witness presence.

What did the court decide?

Directed the Marriage Officer to solemnise/register the marriage via online mode with physical witness presence and production of divorce decree.

Ajithamol 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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WEDNESDAY, THE 23RD DAY OF MARCH 2022 / 2ND CHAITHRA, 1944
WP(C) NO. 9158 OF 2022

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PETITIONER:

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AJITHAMOL P.K.
AGED 36 YEARS
D/O. LATE E.K KRISHNANKUTTY, GOWRI NIVAS, PARAMPUZHA P.O,
KOTTAYAM 686 004

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BY ADV JINU JOSEPH

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM 685 001

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2 THE ADDITIONAL SUB REGISTRAR/MARRIAGE OFFICER ADDITIONAL SUB REGISTRAR OFFICE, K.K ROAD, KANJIKUHY, KOTTAYAM 686 004.

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3 ADDL R3 SUDHA GIVINDA RAO, AGED 61 YEARS, W/O LATE ANANDA RAO GOVINDAN VISHNU VIHAR, MENAMPALLY PATHIYOOR P.O, ALAPUZHA, PIN- 680508

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IS IMPLEADED AS PER ORDER DATED 23.03.2022 IN I.A.NO.1 OF
2022.

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SMT.PARVATHY KOTTOL GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.9158 OF 2022

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JUDGMENT

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Dated this the 23^rd day of March, 2022

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The petitioner, who desires to solemnise her marriage with one Shailaj Rao, is before this Court seeking to command the 2^nd respondent to proceed with Ext.P4 notice of intended marriage and solemnise/register the marriage of the petitioner with the bridegroom Mr.Shailaj Rao appearing through video conferencing/online mode and issue Certificate of Marriage under the provisions of the Special Marriage Act, 1954, without insisting for physical presence of the bridegroom.

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The petitioner states that she desires to marry Mr.Shailaj Rao. The marriage has been fixed with the consent of both the families. Mr.Shailaj Rao is presently employed in Kuwait and is unable to come to India.

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The petitioner submitted application for solemnisation/registration of marriage. The 2^nd respondentMarriage Officer is insisting on the physical presence of the

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WP(C) NO.9158 OF 2022

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bridegroom for solemnising/registering the marriage. Due to Covid-19/Omicron pandemic and consequential travel restrictions, the bridegroom is not in a position to come over to India for solemnisation/registration of the marriage. This Court in W.P.(C) No.15244 of 2021 and other cases has permitted

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the bridegroom/bride to appear through video conferrecing/online mode for the purpose of solemnisation of the marriage. The petitioner may also be extended the similar benefits.

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The learned Government Pleader, on instructions, submitted that the 2^nd respondent has received the application submitted by the petitioner under Section 5 of the Special Marriage Act, 1954. However, it is noticed that the petitioner is a divorcee and the application submitted by the petitioner was not accompanied by a certified copy of the Decree of Divorce. If the petitioner produces all requisite documents, the 2^nd respondent has no objection in solemnising/registering the marriage under the Special Marriage Act, 1954, if the

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WP(C) NO.9158 OF 2022

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petitioner is found eligible otherwise.

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I have heard the learned counsel for the petitioner

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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 W.P.(C) No.15244 of 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.P6 Order, the petitioner also can be granted relief, if the petitioner produces a copy of

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the Divorce Decree and other requisite documents before the 2^nd respondent.

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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 in all these cases are directed to solemnise marriage or register the marriage, as the case may be, through online subject to the

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WP(C) NO.9158 OF 2022

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conditions hereafter referred:

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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.

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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

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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 appeare 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.9158 OF 2022

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V. The Marriage Officer is directed to comply with the directions

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as expeditiously as possible on completion of the statutory

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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.9158 OF 2022

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APPENDIX OF WP(C) 9158/2022

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PETITIONER EXHIBITS

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Exhibit P1TRUE COPY OF THE RELEVANT PAGES OF THE
PASSPORT OF MR. SHAILAJ RAO
Exhibit P2TRUE COPY OF THE STATE OF KUWAIT CIVIL
ID CARD OF MR. SHAILAJ RAO
Exhibit P3TRUE COPY OF THE SPECIAL POWER OF
ATTORNEY DATED 22-12-2021
Exhibit P4TRUE COPY OF THE NOTICE OF THE INTENDED
MARRIAGE SUBMITTED BY THE SHALILAJ RAO
AND THE PETITIONER ON 04-03-2022
Exhibit P5TRUE COPY OF THE RECEIPT DATED 04-03-
2022 ISSUED BY THE REGISTRATION
DEPARTMENT.

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Exhibit P6TRUE COPY OF THE ORDER OF THE DIVISION
BENCH OF THIS HON'BLE COURT IN W.P(C)
NO. 15244/2021 AND OTHER CASES DATED
09-09-2021

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RESPONDENT’S EXHIBITS NIL

Ajithamol P.K. v. State of Kerala

Case brief

What is this about?

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Ajithamol P.K. v. State of Kerala

Case brief

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