Personal Appearance For The Purpose Of Seeking Registration Of Marriage Would Include Video Conferencing: Reiterates Delhi High Court

The Delhi High Court on Thursday observed that personal appearance for the purpose of seeking registration of marriage by a couple would include video conferencing mode.

Relying on the settled judgments on the subject, Justice Rekha Palli said that it will allow the petition filed by a NRI couple, seeking exemption from physical appearance for Marriage Registration. The Couple claimed to have been married as long as back on 06.12.2001 and to be residents of USA.

Taking note of the submissions made on behalf of the parties, the Court said:

"I find that the question as to whether personal appearance for the purpose of seeking registration of marriage would include VC as already considered not only by this Court but by other High Courts also."

The Court relied on the judgment delivered by the Delhi High Court in the year 2007 titled Charanjit Kaur Nagi vs Govt. Of N.C.T. Of Delhi wherein the Court held that "It is possible for a person living thousands of kilometers away from Delhi or anywhere in India to simultaneously communicate with another party. Also; technology has enabled parties today to attest documents digitally, and ensure digitally secure transmission, through Internet."

Placing reliance on the said decision, Justice Palli said that the High Court had permitted registration of marriage without physical registration of one of the parties by permitting appearance through VC back in the year 2007 when the use of virtual conferencing was still at a nascent stage.

The Court also relied on a Jharkhand High Court's decision wherein a Court, while allowing a similarly placed couple residing in UK, directed the authority to accept their application for marriage.

Reliance was also placed on the Punjab & Haryana High Court order allowing the registration of marriage of a couple through video-conferencing facility.

During the previous course of hearing, Advocate Vibha Dutta Makhija, appearing for the petitioners, submitted that the couple had applied for their green card and must submit the required documents including the marriage registration certificate, which remains pending on account of State's inaction. 

She also stated that the couple has made an online application for marriage registration under the Delhi (Compulsory Registration of Marriage Order, 2014) and has sought permission them to appear before the concerned authority through video conferencing.

However, it was alleged that the Sub Division Magistrate, Punjab Bagh, did not respond to the representations made for exemption from physical appearance.

Additionally, the Delhi Government had informed the Court that it is not in a position to allow registration of marriage via video conferencing as the software used by them for the said purpose does not permit the same.

"You look at the legal position. If it's permitted in law then your software has to be updated accordingly. If the software doesn't support, that is your problem," Justice Rekha Palli had said.

Case Title: Reena Chadha & Anr. v. GNCTD

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