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High Court of KeralaSingle JudgeWrit petition disposed of with directions.

Albin Joseph v. TV Puram Grama Panchayath and others

Case / Petition Number:WP(C) No.11087/2021
Neutral Citation:/

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • N. Nagareesh
Judgment Date
2021-07-09
Court Decision / Holding
The writ petition is disposed of with directions: (i) An authorized representative of the wife shall file an affidavit before the 3rd respondent stating authorization to sign in the marriage register on behalf of the wife; (ii) If such an affidavit is filed, the 3rd respondent shall act upon Ext.P4 and complete the registration formalities through video conferencing, obtaining signatures of the petitioner and the wife’s authorized representative, and issue the marriage certificate; (iii) The wife shall appear before the 3rd respondent and sign in the register within one year from the date of registration; if she does not comply, the 3rd respondent may revoke the registration; (iv) The petitioner shall produce a certified copy of the judgment and make necessary arrangements for video conferencing.
Final Disposition
Writ petition disposed of with directions.

Parties to the Case

Appellants / Petitioners

  • Albin Joseph

Respondents

  • The TV Puram Grama Panchayath represented by its Secretary, Venkatapuram, TV Puram Road, Vaikom, Kottayam-686 606
  • The Secretary, TV Puram Grama Panchayath, Venkatapuram, TV Puram Road, Vaikom, Kottayam-686 606
  • The Local Registrar of Marriage, (the Registrar of Birth and Death), TV Puram Grama Panchayath, Venkatapuram, TV Puram Road, Vaikom, Kottayam-686 606

Legal Representation & Advocates

Counsels for Petitioners

  • • BASIL CHANDY VAVACHAN
  • • SRI.GEORGIE SIMON
  • • SHRI.GOKIL JAGANNIVAS
  • • SMT.SURYA SUNDARESAN
  • • SMT.CHARUTHA BHAIJU

Counsels for Respondents

  • • A.SREEKALA (Vaikom)
  • • STATE GOVERNMENT PLEADER SRI MANU RAJ

Case Synopsis & Summary

The petitioner, Albin Joseph, seeks a direction to the respondents to register his marriage with his wife, Anjumol, via video conferencing, and to issue the marriage certificate without requiring the wife’s physical appearance, in light of the Covid-19 pandemic and the wife’s medical condition after returning from Saudi Arabia. The couple married on 28.12.2020 at St. Joseph Forane Church, Vaikom; Ext.P1 is the church certificate, Ext.P2 the marriage photos. The wife proceeded to Jeddah for work and had to return due to Covid protocols; she subsequently underwent laparotomy for torsion of an ovarian cyst on 20.01.2021. For visa purposes, a marriage certificate is essential, but the Registrar refused to complete registration absent physical presence. The petitioner filed Ext.P4 (Form-1) for registration and sought video-conference-based completion of formalities. The Court notes that in earlier W.P.(C) Nos. 12762/2020 and 27387/2020, as well as in Mathew T.K. v. Secretary and Registrar of Marriages, Alappuzha and another (2020(4) KHC 456), the courts allowed video conferencing as a modality for marriage registration in hardship scenarios arising from the pandemic. The judgment disposes of the petition with directions: (i) an authorised representative of the wife shall file an affidavit authorising signing on her behalf; (ii) upon filing, the Registrar shall complete registration via video conferencing and issue the certificate after signatures; (iii) the wife must appear and sign within one year; (iv) the petitioner shall furnish a certified copy of the judgment and arrange video conferencing.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner argues that the Covid-19 pandemic and the wife’s medical condition (post-surgery in Saudi Arabia) make it impracticable to secure the physical presence of both spouses for marriage registration. He has submitted Ext.P4 (Form-1) and seeks registration through video conferencing, contending that the statutory requirements do not preclude virtual attendance in such exceptional circumstances. He asserts that registration is necessary to obtain a visa for his wife and to enable family support, and relies on prior court directions in pandemic-era cases directing video conferencing for registration.

Contentions of Respondents

The respondents have not conceded to immediate video-conferencing-based registration, insisting on adherence to standard statutory procedures that typically require the physical presence and signatures of both spouses. They argued the need to verify identities and comply with existing registration norms, though the specifics of their position are not elaborated in the order.

Cited Precedents (3)

Case NameCitationTreatmentExplanation
Mathew T.K. v. Secretary and Registrar of Marriages, Alappuzha and another2020(4) KHC 456PositiveCourt adopted a video-conferencing mode for registration in pandemic-era cases and directed its use, which the present court follows.
WP(C) No.12762/2020WP(C) No.12762/2020PositiveCourt directed registration via video conferencing due to hardship in the Covid-19 context.
WP(C) No.27387/2020WP(C) No.27387/2020PositiveCourt directed video conferencing-based registration in the corresponding circumstances.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE N.NAGARESH** **FRIDAY, THE 9[TH] DAY OF JULY 2021/18TH ASHADHA, 1943** **WP(C) NO. 11087 OF 2021** ## **PETITIONER:** **ALBIN JOSEPH, AGED 28, S/O. JOSEPH, PERUMPALLY, PALLIPPURATHUSSEY P.O., VAIKOM, KOTTAYAM-686 606.** **BY ADVS.** **BASIL CHANDY VAVACHAN SRI.GEORGIE SIMON SHRI.GOKIL JAGANNIVAS SMT.SURYA SUNDARESAN SMT.CHARUTHA BHAIJU** ## **RESPONDENTS:** - **1 THE TV PURAM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, VENKATAPURAM, TV PURAM ROAD, VAIKOM, KOTTAYAM-686 606.** - **2 THE SECRETARY, TV PURAM GRAMA PANCHAYATH, VENKATAPURAM, TV PURAM ROAD, VAIKOM, KOTTAYAM-686 606.** - **3 THE LOCAL REGISTRAR OF MARRIAGE, (THE REGISTRAR OF BIRTH AND DEATH), TV PURAM GRAMA PANCHAYATH, VENKATAPURAM, TV PURAM ROAD, VAIKOM, KOTTAYAM-686 606.** **R1-R2 BY ADV A.SREEKALA (VAIKOM) R3 BY GOVERNMENT PLEADER SRI.MANU RAJ** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C) No.11087/2021 : 2 : ## **J U D G M E N T** ~ ~ ~ ~ ~ ~ ~ ~ ~ ## _**Dated this the 9[th] day of July, 2021**_ The petitioner seeks to direct the respondents to accept Ext.P4 Form No.1, the memorandum for registration of marriage, submitted by the petitioner and to complete the formalities of registration of the marriage of the petitioner and his wife by securing the presence of his wife through video conferencing and issue the marriage certificate without insisting her physical appearance and signature, at the earliest. 2. The petitioner states that he married Ms. Anjumol on 28.12.2020 at St. Joseph Forane Church, Vaikom. Ext.P1 is a true copy of the certificate of marriage issued by the Church. Ext.P2 are the marriage photographs of the petitioner and his wife Ms. Anjumol. The wife was working as a WP(C) No.11087/2021 : 3 : Specialist Nurse in Jeddah, Saudi Arabia. The wife was forced to rush back to Jeddah within two days of marriage, due to Covid-19 protocol of Saudi Arabia. They could not therefore register their marriage. 3. The wife went to Jeddah on 30.12.2020. She underwent a Laparotomy surgery on 20.01.2021, due to sudden detection of Torsion of Ovarian Cyst. Due to her health condition, the petitioner’s wife decided to resign the job and come back, for which she requires petitioner's physical and personal help and assistance at Jeddah. For the petitioner to go to Saudi Arabia, a marriage certificate is required for obtaining Visa. 4. The petitioner therefore applied for marriage registration. The petitioner managed to get the memorandum for registration of marriage, signed by his wife at Jeddah. The petitioner submitted the memorandum and all other requisite documents to the Registrar and requested the Registrar to complete the registration formalities through Video conferencing. But, the respondents are not yielding. The WP(C) No.11087/2021 : 4 : petitioner contended that the imbroglio is as a consequence of Covid-19 pandemic and unless the petitioner is permitted to register the marriage utilising virtual mode, the petitioner and his wife will be put to untold hardship. 5. Heard. 6. The petitioner married Ms. Anjumol on 28.12.2020. The petitioner‘s wife had to rush back on 30.12.2020 due to Covid protocols of Saudi Arabia where she was employed. Unfortunately, the petitioner was diagnosed with torsion of ovarian cyst and had to undergo laparotomy surgery on 20.01.2021. Now, the petitioner‘s wife has decided to resign the job and come back to India, for which she requires the petitioner's physical presence and help in Saudi Arabia. For the petitioner to go to Saudi Arabia, Visa is required, for which registration of marriage is necessary. 7. The petitioner could not get the marriage registered immediately after the marriage, because the wife had to rush back immediately. For registration of the marriage, physical presence of both the spouses is required. The petitioner is not WP(C) No.11087/2021 : 5 : in a position to satisfy the statutory requirements due to the ill health of his wife and due to the Covid-19 pandemic. It is an unusual situation partly attributable to the worldwide pandemic. 8. This Court had occasion to consider similar cases in W.P.(C) No.12762/2020 and W.P.(C) No.27387/2020. In those cases, taking into account the difficult situation faced by the petitioners, this Court directed the registration authority to register the marriage adopting video conferencing mode. In _**Matthew T.K. v. Secretary and Registrar of Marriages, Alappuzha and another** [2020 (4 )KHC 456]_ , this Court took an identical view. I find no reason not to follow those judgments in the petitioner's case. 9. In the facts and circumstances of the case, the writ petition is disposed of with the following directions: (i) An authorized representative of the wife of the petitioner, preferably one among her parents, shall file an affidavit before the 3[rd] respondent stating that he/she has been duly WP(C) No.11087/2021 : 6 : authorised by the wife of the petitioner to sign in the marriage register on behalf of the wife of the petitioner. (ii) If an affidavit as directed is filed before the 3[rd] 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 his wife through video conferencing and issue marriage certificate to the petitioner, after obtaining signatures of the petitioner and the authorized representative of his wife. (iii) The wife of the petitioner shall appear before the 3[rd] respondent and sign in the marriage register within one year from the date of registration. In case the wife of the petitioner does not comply with the said direction, the 3[rd] respondent will be at liberty to revoke the registration of their marriage. (iv) The petitioner shall produce certified copy of the judgment before the 3[rd] respondent for necessary information and WP(C) No.11087/2021 : 7 : further action. He shall also make necessary arrangements for the video conferencing. Sd/- **N. NAGARESH, JUDGE** aks/26.07.2021 WP(C) No.11087/2021 : 8 : ## **APPENDIX OF WP(C) 11087/2021** **PETITIONER'S EXHIBITS** **EXHIBIT P1 THE TRUE COPY OF CERTIFICATE OF MARRIAGE ISSUED BY FR. JOSEPH THEKKINEN, VICAR OF ST. JOSEPH FORANE CHURCH, VAIKOM.** **EXHIBIT P2 THE TRUE MARRIAGE PHOTOS OF THE PETITIONER AND HIS WIFE MS.ANJUMOL.** **EXHIBIT P3 THE TRUE COPY OF DISCHARGE SUMMARY AND OTHER MEDICAL DETAIL OF THE PETITIONER'S WIFE ISSUED FROM KINGDOM OF SAUDI ARABIA MINISTRY OF HEALTH.** - **EXHIBIT P4 THE TRUE COPY OF FORM-1, THE MEMORANDUM FOR REGISTRATION OF THEIR MARRIAGE.** - **EXHIBIT P5 THE TRUE COPY OF THE FIRST AND LAST PAGE PASSPORT OF PETITIONER AND HER WIFE.** - **EXHIBIT P6 THE TRUE COPY OF JUDGEMENT IN WP(C) NO.12762/2020, MATHEW T.K. V. SECRETARY AND REGISTRAR OF MARRIAGES, ALAPPUZHA AND ANOTHER, 2020(4) KHC456.** **EXHIBIT P7 THE TRUE COPY OF JUDGMENT IN WP(C) NO.27387/2020.** ncd