Syam Sundar S. v. Secretary, Trivandrum Corporation (Registrar of Marriages), Chief Registrar of General of Marriages (Common), State of Kerala, Havana Eileen M. Joseph, Addl.5 The Local Registrar, Department of Registration of Birth & Death

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE N.NAGARESH** **WEDNESDAY, THE 29[TH] DAY OF SEPTEMBER 2021/7TH ASWINA, 1943** **WP(C) NO. 9381 OF 2021** ## **PETITIONER:** **SYAM SUNDAR S., AGED 30 YEARS, S/O. G. SUNDARESAN, SP 13/807, KRISHNAKRIPA, MANALIVILA, MUKKILKADA, POWDIKONAM P.O., ULIYAZHATHURA, THIRUVANANTHAPURAM-695 587.** **BY ADV M.NARENDRA KUMAR** ## **RESPONDENTS:** - **1 SECRETARY, TRIVANDRUM CORPORATION[REGISTRAR OF MARRIAGES (COMMON)] OFFICE OF THE THIRUVANANTHAPURAM CORPORATION, PIN-695 001.** - **2 CHIEF REGISTRAR OF GENERAL OF MARRIAGES(COMMON), (DIRECTOR OF PANCHAYATS), PUBLIC OFFICE BUILDING, MUSEUM (P.O), PIN-695 033.** - **3 STATE OF KERALA REPRESENTED BY SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.** - **4 HAVANA EILEEN M. JOSEPH, AGED 29 YEARS, D/O. M.A. JOSEPH, TC 24/1139, MACKOLLIL HOUSE, CHARACHIRA, NANTHENCODE, KOWDIAR P.O., THIRUVANANTHAPURAM-695 003. (NOW RESIDING AT 229 DONEGALL ROAD, BT 12, 5 NB BELFAST NORTHERN IRELAND, UNITED KINGDOM).** WP(C) No.9381/2021 : 2 : **ADDL.5 THE LOCAL REGISTRAR, DEPARTMENT OF REGISTRATION OF BIRTH & DEATH, THIRUVANANTHAPURAM CORPORATION, THIRUVANANTHAPURAM-695 587.** **(ADDL.R5 IS IMPLEADED AS PER ORDER DATED 24-092021 IN I.A NO.4/2021 IN WP(C) 9381/2021.)** **BY ADVS. SRI.N.NANDAKUMARA MENON (SR.) SHRI.P.K.MANOJKUMAR,SC. SRI.SYAMANTHAK B.S., G.P.** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C) No.9381/2021 : 3 : ## **J U D G M E N T** ~ ~ ~ ~ ~ ~ ~ ~ ~ ## _**Dated this the 29[th] day of September, 2021**_ The petitioner seeks to direct the 1[st] respondent to register the marriage of the petitioner Syam Sunder S. and his wife Havana Eileen M. Joseph, without insisting for their personal presence of or putting signature and issue Marriage Certificate at the earliest. 2. The petitioner states that the marriage of the petitioner with the 4[th] respondent was solemnised at Nagarukavu Viswabrahma Deva Temple in Thiruvananthapuram on 25.11.2020. The 4[th] respondent was working as a Nurse in UK. After the marriage, the 4[th] respondent had to rush to UK due to the outbreak of Covid-19 pandemic. The petitioner has to join his wife at UK soon. To obtain a Visa, the petitioner has to produce Marriage Certificate. WP(C) No.9381/2021 : 4 : 3. The petitioner and the 4[th] respondent filed Ext.P1 application for registration under the Kerala Registration of Marriages (Common) Rules, 2008, along with Ext.P2 certificate issued by the Temple authorities. The Registrar is not entertaining the application in the absence of personal presence of the 4[th] respondent. The petitioner would state that his wife cannot be personally present for marriage registration due to the nature of her job in UK during this pandemic situation. 4. The petitioner argued that this Court in similar circumstances has permitted registration of marriage under the Kerala Registration of Marriages (Common) Rules, 2008 through virtual mode, dispensing with the personal appearance of spouses abroad. The petitioner and the 4[th] respondent also may be granted similar benefit. 5. The 1[st] respondent-Secretary to Thiruvananthapuram Corporation filed a statement. The 1[st] respondent stated that the petitioner and the 4[th] respondent got married on 25.11.2020 and submitted an application for WP(C) No.9381/2021 : 5 : registering the marriage. Necessary memorandum was submitted by them online. Necessary documents in proof of date of birth and identity of the witnesses were not included along with the memorandum. Under the provisions of the Kerala Registration of Marriages (Common) Rules, 2008, for the purpose of registration of marriage, both the parties to the marriage have to personally appear before the Registrar and they have to put their signature in the register. The Registrar can register the marriage only after the parties put their signatures in the register. It is not necessary that both the parties to the marriage have to appear at the same time. Therefore, the petitioner is not entitled to any relief in the writ petition. 6. Heard the learned counsel for the petitioner, the learned Senior Counsel assisted by the Standing Counsel for 1[st] and additional 5[th] respondents and the learned Government Pleader representing respondents 2 and 3. 7. The marriage of the petitioner and the 4[th] respondent was solemnised on 25.11.2020 at WP(C) No.9381/2021 : 6 : Thiruvananthapuram. Since the 4[th] respondent is working as a Nurse at Royal Victoria Hospital, Northern Ireland, United Kingdom and in view of the COVID-19 pandemic, the 4[th] respondent-wife had to rush to United Kingdom immediately after the marriage. Now the 4[th] respondent is not in a position to immediately come back to India in order to register the marriage in view of the pandemic situation prevailing there and in India. The petitioner, however, requires marriage certificate immediately in order to obtain Visa and join the 4[th] respondent at UK. 8. This Court has held in the judgment in _**T.K. Mathew v. The Secretary and Registrar of Marriages** [2020 (4) KLT 853]_ that if the purpose of the rule in the Registration of Marriages (Common) Rules, 2008, which insists personal appearance of the parties to the marriage could be ensured by video conferencing, there shall not be any impediment for the court in interpreting the provisions in such a way as permitting insistence of personal appearance through video conferencing. WP(C) No.9381/2021 : 7 : 9. The Government of Kerala, Local Self Government Department has also issued G.O.(Ord) No.1721/2021/LSGD dated 09.09.2021 permitting registration of marriage under the Registration of Marriages (Common) Rules, 2008 utilising the latest technologies including video conferencing online. In the facts of the case, this Court is of the opinion that the petitioner and the 4[th] respondent should also be extended with the benefit of the judgment of this Court in _**T.K. Mathew**_ (supra). 10. The writ petition is therefore disposed of with the following directions: (i) The additional 5[th] respondent will act upon the application submitted by the petitioner and the 4[th] respondent for registration of their solemnised marriage and the factual aspects in that regard may be immediately ascertained. The petitioner will provide video conferencing facility to enable the additional 5[th] respondent to interact with the 4[th] respondent to ascertain the factum of the solemnisation of the marriage and also as to whether the 4[th] respondent has authorised her parents or any close relative to be the signatory in the WP(C) No.9381/2021 : 8 : marriage register for and on behalf of the 4[th] respondent. (ii) The authorised person will file an affidavit stating that he/she has been fully authorised by the 4[th] respondent to sign the marriage register for and on behalf of the 4[th] respondent. (iii) If it is ascertained that the authorised person has been authorised by the 4[th] respondent to sign the marriage register on her behalf, then after completing the necessary formalities, the additional 5[th] respondent will permit the petitioner herein and the authorised representative of the 4[th] respondent to sign in the marriage register for and on behalf of the 4[th] respondent. (iv) Thereafter, the additional 5[th] respondent will forthwith issue the certificate of the registration of the marriage to the petitioner regarding the factum of the solemnisation of the marriage. (v) Further it is ordered that the additional 5[th] respondent will ensure that the column immediately after the column, which has been signed by the petitioner and which WP(C) No.9381/2021 : 9 : has to be signed by his wife in the marriage register, shall be left blank and registration of the further marriages should be endorsed and entered only in the column subsequent to the said vacant space in the marriage register. (vi) It is further ordered that the 4[th] respondent shall personally appear before the additional 5[th] respondent and shall personally sign in the vacant column of the said marriage register within a period of 12 months from the date of issuance of the marriage certificate as afore stated. In case the 4[th] respondent does not comply with the above said directions and she does not personally appear and sign in the marriage register before the additional 5[th] respondent within the said outer time limit of 12 months from the issuance of the above said marriage certificate, then the additional 5[th] respondent will be at liberty to issue notice to the petitioner herein and give opportunity to the couple to personally report before him within a short time as may be given by the additional 5[th] respondent and still if the couple does not comply the said direction, then the additional 5[th] respondent will be at liberty to take steps to WP(C) No.9381/2021 : 10 : revoke the said registration and consequently to revoke the certificate of marriage so given. Thereupon, the couple will be liable to surrender the original of such certificate of marriage to the additional 5[th] respondent. But, such action of the additional 5[th] respondent will be without prejudice to the right of the couple to subsequently approach the additional 5[th] respondent to seek for fresh registration of the solemnized marriage in accordance with the Rules. But, in such an eventuality they will have to personally appear and sign in the marriage register. The petitioner will ensure that the above said affidavit as well as video conferencing facility is provided without any further delay. The petitioner will produce a certified copy of the judgment along with a copy of the writ petition with all the exhibits before the additional 5[th] respondent for necessary information and further action. Sd/- **N. NAGARESH, JUDGE** aks/08.10.2021 WP(C) No.9381/2021 : 11 : ## **APPENDIX OF WP(C) 9381/2021** ## **PETITIONER'S EXHIBITS** |**EXHIBIT P1**|**TRUE COPY OF THE JOINT APPLICATION**| |---|---| ||**SUBMITTED BY THE PETITIONER ALONG WITH**| ||**4TH RESPONDENT FOR REGISTRATION OF**| ||**MARRIAGE.**| |**EXHIBIT P2**|**MARRIAGE CERTIFICATE ISSUED BY THE**| ||**SECRETARY, NAGARUKAVU VISWABRAHMA DEVA**| ||**TEMPLE, SREEDEVI NAGAR, KARAMANA P.O,**| ||**THIRUVANANTHAPURAM.**| |**EXHIBIT P3**|**TRUE COPY OF PHOTOGRAPHS TAKEN AT THE**| ||**TIME OF MARRIAGE**| ncd