Kerala High Court Directs State To Inform All Registering Authorities That Marriages Can Be Registered Through Video Conferencing

Justice Devan Ramachandran directed the State Government to comply with the direction within two weeks so that parties would not have to approach the Court each time with the same request. 

“I also deem it necessary to direct the State of Kerala to make sure, through its competent Authority, that all Registering Authorities are informed of the afore precedent through appropriate means, so that parties will not have to approach this Court every time they require the benefits as granted therein. This shall be done in full compliance; and a report to that effect produced before this Court within a period of two weeks from the date of receipt of a copy of this judgment.”

The Court was compelled to issue this direction to the State since it was found that Registering Officers failed to follow the precedent set by the Court that marriages can be registered by securing the presence of the parties in video conferencing. The Court noted that petitioners are still forced to approach the Court even though the law has been already settled by a decision of the Division Bench in Arun R.K. v. State of Kerala (2023).

“One fails to understand why the petitioners have been forced to approach this Court even after a learned Division Bench has, in Arun R.K. v State of Kerala [2023 (2) KHC 391], declared the law affirmatively that the reliefs sought for by the petitioners ought to be granted.”

On the above observations, the Court allowed the writ petition and noted that the marriage of the petitioners can be registered after securing their presence through video-conferencing and a marriage certificate can be issued without delay.

The Court further directed that the petition may be brought before the Court after a period of two weeks to ensure that the State Government has complied with the direction.

Counsel for the petitioners: Advocates Sunil Kumar A.G and George Mathew

Counsel for the respondents: Government Pleader Vidya Kuriakose

Citation: 2023 LiveLaw (Ker) 476

Case name: Theresa Davis V State of Kerala

Case number: WP(C) No. 29759 Of 2023

Click Here To Read/Download The Judgment