Kerala High Court Allows Virtual Solemnisation Of Marriage Amid Omicron Scare

Considering the travel restrictions in place in the wake of the Omicron outbreak, the Kerala High Court on Wednesday allowed a couple to solemnise their marriage through online mode and directed the Marriage Officer to register the same. 

Noting that this Court has authorised the same throughout the pandemic in similar cases, Justice N. Nagaresh observed: 

"In identical circumstances, when the parties to marriage could not appear before the Marriage Officer physically, due to the pandemic situations prevailing in India and abroad, this Court has passed orders permitting the parties to get their marriage solemnised through virtual mode. I find no reason to deny the benefit extended to other parties to the petitioner and her fiance." 

Rintu Thomas, a lawyer, had moved the Court seeking a direction to the Marriage Officer to solemnise her marriage with her fiance Anantha Krishnan who is currently in the UK, by letting him appear in virtual mode. 

Advocates Shammi Vijayan and Naveen Radhakrishnan appeared for the petitioner and submitted that she had submitted a notice of the intended marriage and that her fiance had booked air tickets to arrive in India by 22nd December to attend the marriage.

However, due to international travel restrictions and a compulsory quarantine period, he was not able to travel from the UK and return on time. Therefore, the petitioner prayed that they be allowed to conduct their marriage virtually. 

Senior Government Pleader Princy Xavier representing the respondents submitted that a marriage under the Special Marriage Act can be solemnised only after adhering to a period of 30 days notice period. Since the notice of intended marriage was given on 11.11.2021, it was argued that the marriage could be conducted only after that date.

The Court allowed the plea with the following conditions: 

(I) The Marriage Officer under the Special Marriage Act is directed to solemnise or register the marriage, as the case may be, online subject to the conditions hereafter referred.

The witnesses required for solemnisation of marriage shall be present before the Marriage Officer. The witnesses shall identify the parties who are online. The copies of the 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. Wherever signature of parties is 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 solemnisation of marriage, the certificate of marriage shall be issued in the manner as referred to in Section 13 of the Special Marriage Act.

Case Title: Rintu Thomas v. State of Kerala & Anr

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