Kerala High Court Allows Marriage Registration Through Video Conferencing

The petitioner solemnised her marriage with her husband, Sanoop, on 24.08.2019 in accordance with the customary rites. They had submitted the memorandum of registration of marriage before the Local Registrar Of Marriages (Common) in terms of the Kerala Registration of Marriages (Common) Rules, 2008 (the Rules). But before the marriage registration could be completed, the petitioner's husband had to abruptly return to work in South Africa. Now, the petitioner wanted to apply for visa to join her husband in South Africa, but without the marriage certificate she is unable to do so.

Hence, it was the plea of the petitioner to allow the completion of the formalities concerning her marriage registration by securing the presence of her husband through video conferencing and issue marriage certificate without insisting his physical appearance and signature.

Justice P B Suresh Kumar relied on the precedent of Mathew T.K. v. Secretary and Registrar of Marriages, Alappuzha and Another, 2020(4) KHC 456 where an identical matter was disposed of.

Accordingly, the court allowed the plea of the petitioner. In short, it was directed that the authorised representative of the husband of the petitioner shall file an affidavit before the Local Registrar for Marriages. In the presence of the husband through video conferencing, the authorised representative shall sign on behalf of him in the marriage register. But, the husband is directed to appear physically before the Registrar within a year and sign in the marriage register, failing which the Registrar is at liberty to revoke the marriage registration.

The directions of the court are produced in verbatim below :-

(i)An authorized representative of the husband of the petitioner, preferably one among his parents, shall file an affidavit before the third respondent stating that he/she has been duly authorised by the husband of the petitioner to sign in the marriage register on behalf of the husband of the petitioner.

(ii) If an affidavit as directed is filed before the third respondent, he shall act upon Ext.P4 memorandum and complete the formalities for registration of the marriage of the petitioner after securing the presence of her husband through video conferencing and issue marriage certificate to the petitioner, after obtaining signatures of the petitioner and the authorized representative of her husband.

(iii) The husband of the petitioner shall appear before the third respondent and sign in the marriage register within one year from the date of registration. In case the husband of the petitioner does not comply with the said direction, the third respondent will be at liberty to revoke the registration of their marriage