Kerala High Court Permits Registration Of Marriage Of Couple Residing Abroad Through VC, Without Insisting On POA

The Kerala High Court recently, while hearing a plea by the parent of one of the parties, allowed the registration of marriage of a couple residing abroad through video conferencing, without requiring a power of attorney.

Justice N Nagaresh through this ruling has thereby enhanced the scope of online registration of marriage, particularly for couples who left India without executing a power of attorney and were restrained from registering their marriages through video conferencing.

Permitting marriage registration through video conferencing for couples residing abroad have become a norm amid the pandemic; but in all these cases, the petitions were filed by power of attorney holders. However, in the present matter, the parent did not hold a power of attorney.

The petitioner Raphy Anthony sought marriage registration of his son and daughter-in-law through video conferencing. It was submitted that the couple got married on 30th November 2020, but was now in Dubai and could not come back due to the pandemic. They required the marriage registration certification to apply for a passport for their child since it was mandatory under the UAE law.

Moreover, in the absence of an officially registered marriage, the couple will be exposed to possibility of criminal prosecution as per the stringent laws of Dubai.

Advocate G Harikumar represented the petitioner in the matter and sought a direction to the Registrar to issue a marriage certificate without insisting on the couple`s personal appearance. 

The respondent argued that the couple was not made parties in the petition, and that the petitioner did not hold a power of attorney of his son or daughter-in-law, thereby invalidating the petition in its entirety. 

Upon perusal of the wedding invitation, marriage certificate issued by the church and the marriage photograph, the Single Bench observed that there was no reason to disbelieve that the marriage was solemnized.

Referring to the high court's earlier decisions such as Mathew T.K. v. Secretary and Registrar of Marriages& Anr , where marriage registration through videoconferencing were allowed on petitions filed by power of attorney holders,  Justice N Nagaresh approved marriage registration through videoconferencing.

The petitioner was directed to file an affidavit stating that he has been fully authorised by the bridegroom, to sign the marriage register for and on behalf of the bridegroom and the petitioner's wife to file a separate affidavit to the effect that she has been duly authoised by the bride to sign the marriage register for and on behalf of the bride.

"The petitioner will provide video conferencing facility to enable the respondent-Registrar to interact with the above said couple to ascertain the factum of the solemnisation of the marriage and also as to whether they have authorised the petitioner and his wife to be the signatories in the marriage register for and on behalf of the said couple," the order further stated.

The Court also made it clear that the couple will be required to personally appear before the Registrar and sign the marriage register within a period of 12 months from the date of issuance of the marriage certificate. In case they fail to appear within the said outer time limit, then the Registrar will be at liberty to issue notice to the petitioner and give opportunity to the couple to personally report before him within a short time failing which, the Registrar will be at liberty to take steps to revoke the certificate of marriage.

Also Read: P&H High Court [DB] Allows Registration Of Marriage Through VC Mode, Sets Aside Single Bench 'Judgment'

Case Title: Raphy Anthony v. Registrar of Marriages

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