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Judgment
N.Nagaresh, J
The 1st petitioner is the fiance of Mr.Melvin Abraham, who is the son of the 2nd petitioner. The 1st petitioner and Mr.Melvin Abraham want to get their marriage solemnised under the Special Marriage Act, 1954. Mr.Melvin Abraham is working now in New Zealand, as a Mechanical Engineer.
The petitioners state that the 1st petitioner and her fiance have given notice of intended marriage to the respondent-Marriage Officer under Section 5 of the Special Marriage Act. The respondent is insisting physical presence of the fiance Mr.Melvin Abraham. The learned counsel for the petitioners submitted that as Mr.Melvin Abraham is working abroad, due to Covid-19 pandemic and consequential International travel restrictions, he is not in a position to come to India for getting the marriage solemnised under the Special Marriage Act. The learned counsel pointed out that in identical circumstances, this Court has permitted identically situated couples to get the marriage solemnised under the Special Marriage Act, online. The 1st petitioner may also be granted such benefits.
The learned Government Pleader entered appearance and submitted that this Court has in similar circumstances extended opportunity of solemnising/registering the Special Marriage Act, online, taking into consideration the pandemic situation prevailing world over. The 1st petitioner can also be granted such benefits, provided the 1st petitioner satisfies all other statutory requirements.
I have heard the learned counsel for the petitioners and the learned Government Pleader.
This Court has considered the impact of International travel restrictions due to Covid-19 pandemic and has held that in extreme cases, solemnisation and registration of marriage under the Special Marriage Act can be permitted online. This Court has passed such orders in W.P.(C) No.15244 of 2021. In W.P.(C) No.29030 of 2021 also, this Court granted similar benefits. This Court is of the view that the 1st petitioner can also be granted the benefits following Ext.P5 judgment.
Accordingly, this writ petition is disposed of with the following directions:-
(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.
(i) The witnesses required for solemnisation of marriage shall be present before the Marriage Officer.
(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.
(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.
(II) All other necessary formalities as required by law shall be complied with before solemnisation of marriage.
(III) The Marriage Officer shall fix the date and time and convey the same to the parties in advance.
(IV) The Marriage Officer is free to fix the mode of online platform.
(V) The Marriage Officer is directed to comply with the directions as expeditiously as possible on completion of the statutory formalities.
(VI) On solemnization of marriage, the certificate of marriage shall be issued in the manner as referred to in Section 13 of the Special Marriages Act.