In the High Court of Kerala at Ernakulam: Lucy Rajan vs State of Kerala & Others; Krishnapriya P.S. v. State of Kerala & Others; Seethalekshmi P. v. State of Kerala & Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE V.G.ARUN** **TUESDAY, THE 18[TH] DAY OF OCTOBER 2022 / 26TH ASWINA, 1944** ## **WP(C) NO. 30487 OF 2022** ## **PETITIONER:** LUCY RAJAN AGED 28 YEARS, D/O. RAJAN VATTOLY, VATTOLY HOUSE, ANCHERICHIRA, ANCHERY P.O., KUTTANELLOOR, THRISSUR, PIN-680014. BY ADVS. MARTIN D.ALUMKARA MOHAN IDICULLA ABRAHAM JEEVAN J. MATHEW SHYAMILIPRIYA P.P. NIKHITHA T.S. ## **RESPONDENTS:** 1 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001. 2 THE MARRIAGE OFFICER, SUB REGISTRAR'S OFFICE, KUTTANELLOOR, THRISSUR, PIN680014. 3 THE SECRETARY, DEPARTMENT OF INFORMATION & TECHNOLOGY (GOVERNMENT OF INDIA), ELECTRONICS NIKETAN, 6, CGO COMPLEX, LODHI ROAD, NEW DELHI, PIN-110003. 4 THE SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, GOVERNMENT OF INDIA, J674+54V, E-BLOCK, CENTRAL SECRETARIAT, NEW DELHI, PIN110001. 5 CELINE JOSEPH, W/O. LATE JOSEPH KONATHAPPALLY, 4C, NOEL POETRY, MAVELIPURAM, KAKKANAD P.O., KOCHI, PIN-682030. BY ADV SMT.M.SHAJNA, CGC G.P.AMMINIKUTTY DSGI S.MANU **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.10.2022, ALONG WITH W.P.(C) NO.31008/2022 AND CONNECTED CASE THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** 2 **W.P(C).Nos.30487,31008 & 31242 of 2022** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE V.G.ARUN** **TUESDAY, THE 18[TH] DAY OF OCTOBER 2022 / 26TH ASWINA, 1944** **WP(C) NO. 31008 OF 2022** ## **PETITIONER:** KRISHNAPRIYA.P.S. AGED 24 YEARS D/O.SUNILKUMAR.P.S., RESIDING AT PALLATHUPARAMBIL HOUSE, MUDAKAZHA.P.O., KUNNATHUNAD TALUK, ERNAKULAM DISTRICT., PIN - 683546 BY ADV P.K.PRIYA ## **RESPONDENTS:** 1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001 2 MARRIAGE OFFICER SUB REGISTRAR OFFICE, KURUPPAMPADY, ERNAKULAM., PIN - 683545 3 THE SECRETARY DEPARTMENT OF INFORMATION & TECHNOLOGY (GOVERNMENT OF INDIA), ELECTRONICS NIKETAN, 6, CGO COMPLEX, LODHI ROAD, NEW DELHI., PIN - 110003 4 THE SECRETARY THE MINISTRY OF EXTERNAL AFFAIRS, GOVERNMENT OF INDIA, J674+54V, E BLOCK, CENTRAL SECRETARIAT, NEW DELHI., PIN - 110001 5 SHIBU AGED 52 YEARS S/O.MADHAVAN, KUDUKKAYAM, PERUMBAVOOR, ERNAKULAM DISTRICT., PIN - 683542 6 MINI SHIBU AGED 50 YEARS W/O.SHIBU, KUDUKKAYAM, PERUMBAVOOR, ERNAKULAM 3 **W.P(C).Nos.30487,31008 & 31242 of 2022** DISTRICT., PIN - 683542 BY ADV GOVERNMENT PLEADER G.P.AMMINIMKUTTY DSGI S.MANU **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.10.2022, ALONG WITH W.P.(C) NO.30487/2022 AND CONNECTED CASE THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 18[TH] DAY OF OCTOBER 2022 / 26TH ASWINA, 1944** ## **WP(C) NO. 31242 OF 2022** ## **PETITIONER/:** SEETHALEKHMI P AGED 24 YEARS D/O PADMAKSHAN P.V., KANNADIYIL (H) NORTH ARYAD P.O., ALAPPUZHA DISTRICT, PIN-688538. BY ADV A.AHZAR ## **RESPONDENT/S:** 1 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2 MARRIAGE OFFICER & SUB REGISTRAR, MARARIKULAM SUB REGISTRAR OFFICE, ALAPPUZHA DISTRICT, PIN - 688522. 3 GIRIJA P., W/O VIJAYAKUMARAN P.P. PALLIPPURATHU PARAMBIL (H) KARAMBATHOOR, PARUDUR P.O. PALAKKAD DISTRICT – 679305 G.P.P.S.APPU **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.10.2022, ALONG WITH W.P.(C) NO.31008/2022 AND CONENCTED CASETHE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** 5 **W.P(C).Nos.30487,31008 & 31242 of 2022** ## **V.G.ARUN, J.** **----------------------------------------------W.P(C).Nos.30487,31008 & 31242 of 2022 ----------------------------------------------Dated this the 18[th] day of October, 2022** ## **JUDGMENT** The petitioners in all three cases intend to get married and along with their partners, have submitted notice of intended marriage before the jurisdictional Marriage Officers. The petitioners also sought permission to solemnise their marriage with their intending spouses, who are working abroad, appearing through virtual mode. The Marriage Officers having failed to accede to the request and having insisted on both parties being physically present at the time of solemnization, these writ petitions are filed seeking a direction to the Marriage Officers to solemnize the marriage through video conferencing or online mode. 2. Learned Counsel for the petitioners contended in unison that a Division Bench of this Court has permitted solemnization of marriage through virtual mode and based on that direction, this court has been consistently allowing writ petitions seeking solemnization of marriages through video conferencing mode. 6 **W.P(C).Nos.30487,31008 & 31242 of 2022** 3. Learned Government Pleader submitted that the Marriage Officers are facing difficulties in solemnizing virtual marriages, deviating from the procedure prescribed in the Special Marriage Act and the corresponding Rules. It is contended that the Division Bench Judgment was rendered during the peak pandemic period and the situation having changed, the statutory mandate is liable to be followed. 4. The contention being primarily based on the context in which the Division Bench order dated 9/9/2021 was issued, it is essential to carefully analyise and understand the order. The case came before the Division Bench on a reference made by a learned Single on taking notice of the difference of opinion expressed by two Single Benches on the question whether online marriages could be permitted. In **Paradeep Kodiveedu Cletus v. Local Registrar of Marriages(Common) [2018** **(1) KLT 292],** a single Judge allowed the prayer for solemnization of marriage through video conferencing mode. Later, a contrary view was expressed by another Single Judge in **Dioncey Augustine v. State of Kerala (2019 SCC OnLine Kerala 13112).** Hence, the question whether solemnisation of marriage or registration of marriage as referred to in the Special Marriage Act 1954 can be permitted through online mode or not was referred to the Division Bench for authoritative pronouncement. The interim order was passed thereafter, affirming the view expressed in **Paradeep Kodiveedu Cletus** (supra) and 7 **W.P(C).Nos.30487,31008 & 31242 of 2022** directing to solemnizatioin of marriage through video conferencing or online mode. The reference was not fully answered for the reason that the a mechanism ought to put in place for the implementation of the statutory provisions in tandem with the development in technology and digital governance. 5. The decision in **Paradeep Kodiveedu Cletus's** case (supra) that, marriage can be permitted to be conducted through video conferencing or online mode having been affirmed, the contention that the Division Bench order was rendered in the wake of pandemic and resultant lock down alone is unsustainable. As I am in respectful agreement with the judgment in **Paradeep Kodiveedu Cletus.** as affirmed by the Division Bench, the Marriage Officers are directed to solemnise the marriage through video conferencing mode, subject to the following conditions; a. The witnesses required for registration of the marriage shall be present before the Marriage Officer. b. The witnesses shall identify the intending spouses appearing through online mode. c. Copies of the passport and other essential public documents shall be furnished to the Marriage Officers in advance. 8 **W.P(C).Nos.30487,31008 & 31242 of 2022** d. Wherever signature of the spouse appearing through virtual mode is required, that shall be affixed by the authorised Power of Attorney of that person. II). The Marriage Officers shall fix the date and time for solemnization and convey the same to the petitioners in advance. III). The Marriage Officers are free to fix the mode of online platform. IV). On registration of the marriage, the certificate of marriage shall be issued in the manner referred to in Section 13 of the Special Marriages Act. V). The above directions shall be complied with as expeditiously as possible, on the petitioners compling with the statutory formalities If the statutory period for solemnistion/registration of marriage is over in any of the cases, the said period will stand extended by two 9 **W.P(C).Nos.30487,31008 & 31242 of 2022** weeks from today. Ordered accordingly. Sd/- **V.G.ARUN, Judge** dpk **W.P(C).Nos.30487,31008 & 31242 of 2022** 10 ## **APPENDIX OF WP(C) 30487/2022** PETITIONER EXHIBITS Exhibit P1 PHOTOSTAT COPY OF THE AGREEMENT EVIDENCING THE FIXATION OF THE MARRIAGE BETWEEN THE PETITIONER AND THE BRIDE GROOM YOHAN JOSEPH. Exhibit P2 PHOTOGRAPH OF THE PETITIONER AND THE BRIDE GROOM YOHAN JOSEPH ALONG WITH THE IMMEDIATE MEMBERS OF THE BOTH FAMILIES TAKEN AT THE TIME OF THE AFORESAID FUNCTION. Exhibit P3 TRUE COPY OF THE APPLICATION DATED 29.8.2022 FILED BY THE PETITIONER AND THE BRIDE GROOM BEFORE THE 2ND RESPONDENT. Exhibit P4 PHOTOSTAT COPY OF THE INTERIM ORDER DATED 9.9.2021 IN WP(C) NO.15244 OF 2021 PASSED BY THIS HON'BLE COURT. 11 **W.P(C).Nos.30487,31008 & 31242 of 2022** ## **APPENDIX OF WP(C) 31242/2022** PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPLICATION NO. P23786766, THE BEFORE SUBMITTED ON 24.08.2022 BEFORE THE 2ND RESPONDENT. Exhibit P2 TRUE COPY OF THE ACKNOWLEDGMENT CUM RECEIPT BEARING TRANSACTION ID NO. P23786766 DATED 24.08.2022 ISSUED FROM THE REGISTRATION DEPARTMENT, KERALA STATE. Exhibit P3 TRUE COPY OF THE NOTICE OF INTENDED MARRIAGE SUBMITTED BEFORE THE 2ND RESPONDENT. Exhibit P4 TRUE COPY OF THE RELEVANT PAGE OF THE PASSPORT NO. R3306190. Exhibit P5 TRUE COPY OF THE POWER OF ATTORNEY DATED 08.09 EXECUTED BY JITHIN PALLIPARAMBATH PARAMBIL IN FAVOUR OF THE 3RD RESPONDENT. Exhibit P6 TRUE COPY OF THE ORDER DATED 19.09.2021 IN :W.P.(C).NO.15244/2021 & CONNECTED ON THE FILES OF THIS HON'BLE COURT. 12 **W.P(C).Nos.30487,31008 & 31242 of 2022** ## **APPENDIX OF WP(C) 31008/2022** PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 30.08.2022. Exhibit P2 TRUE COPY OF THE CERTIFICATE OF CONSENT FOR MARRIAGE GIVEN BY 5TH AND 6TH RESPONDENTS THE PARENTS OF ANANTHU SHIBU. Exhibit P3 TRUE COPY OF THE RECEIPT ISSUED BY THE REGISTRATION DEPARTMENT DATED 30.08.2022. Exhibit P4 TRUE COPY OF THE INTERIM ORDER DATED 09.09.2021 IN W.P.(C) NO. 15244 OF 2021 PASSED BY THIS HONOURABLE COURT.