Kerala High Court Permits Couple Residing Abroad To Register Marriage Through Video Conferencing

Petitioners Thomas Kutty Joseph and Blosum Thomas, moved the High Court through their Power Of Attorney upon being informed by the Local Registrar of Marriages that their personal appearance is required to process the memorandum.

Adv. Jacob P. Alex while representing the petitioner, presented before the Bench that the petitioners' marriage was solemnised on 30.6.1997 as evidenced by their Marriage Certificate, and have three children in their wedlock.

The petition stated that they recently migrated to Australia from UAE on a temporary visa. Owing to a change in the immigration rules, they were required to produce their marriage registration certificate to process their application for permanent status.

The Court noted that several precedents justified registration of marriage through video conferencing. It was also undisputed that the petitioners were husband and wife from the evidence produced.

Moreover, the Local Registrar was only bound to transmit the memorandum to the competent authority. The registration of marriages is conducted by the Registrar General of Marriage.

While observing that it is practically impossible for petitioners to travel from Australia during this turbulent period to subscribe their signatures in the registers, .Justice C. S. Dias held thus:

"Strict enforcement of the procedure cannot be insisted upon in this extra-ordinary situation. In the peculiar facts and circumstances of the case, I am of the considered opinion that the petitioners have to be permitted to register their marriage through video conferencing and be represented through their power of attorney and if needed even subscribe their signatures on such applications and other documents by using digital signature which would fulfil the statutory requirements."

The writ petition was allowed with the following directions:

• Local Registrar shall transmit the memorandum to the competent authority for registration of the marriage of the petitioners.
• The Power of Attorney holder of the petitioners shall produce a copy of the POA and file an affidavit stating that he is duly authorised by the petitioners to sign in the marriage register along with all such other applications and documents.
• The Registrar General of Marriage on receipt of the memorandum shall permit the POA holder to subscribe his signature, for and on behalf of the petitioners, in all the relevant registers, applications and documents contemplated under the rules.
• The Registrar General of Marriage shall, if necessary, interact with the petitioners through video conferencing, or obtain an undertaking from the petitioners with their digital signatures by e-mail or a physical copy to be sent by courier.
• Once convinced of the identity of the petitioners and their POA, the Registrar General of Marriage shall register their marriage of the petitioners and, thereafter, issue the Marriage Certificate, as expeditiously as possible to the POA holder of the petitioners.
• The POA holder is permitted to produce a copy of this judgment before the respondents for due compliance.

THOMAS KUTTY JOSEPH v. LOCAL REGISTRAR OF MARRIAGES