If the online mode of solemnisation was permitted, it would mandate maintaining of an electronic register of marriages and setting up an online mode of payment both of which are not in place presently
Kerala HC is currently examining whether weddings under Special Marriage Act (SMA) can be solemnised online. The order came on the pleas by several petitioners who have contended that the personal physical presence of the bride and groom is not necessary for solemnisation of nuptials under the law.
However, the state government is not in favour of the online solemnisation of marriages under the Act.
It has contended that solemnisation of marriage was mandatory prior to registering it under the SMA, and therefore, the presence of the two sides and the witnesses is required before the Marriage Officer.
It also said that if an online mode of solemnisation was permitted, it would mandate maintaining an electronic register of marriages and setting up an online mode of payment, both of which are not in place presently.
It has further contended that another requirement for solemnisation of the marriage was that at least one of the two parties has to be a resident of the area within the territorial limits of the Marriage Officer for a minimum of 30 days before issuing the notice of the intended nuptials.
A larger bench of the Kerala High Court will examine whether a wedding under the Special Marriage Act (SMA) can be solemnised online via video conferencing
Therefore, two persons living abroad cannot have their marriage solemnised online if they do not satisfy the residence requirement.
The petitioners, represented by advocates A Ahzar, Jawahar Jose and V Ajith Narayanan, have contended that when marriages under SMA can be registered online, solemnisation too does not need the physical presence of the parties involved.
They have claimed that various judgments say that appearing via video conferencing is akin to being present in person with the sole difference that parties cannot be touched.
They said that under SMA, the marriage can be solemnised by any means, like exchanging garlands or shaking hands, as long as both parties declare that they take each other as the lawfully wedded husband and wife.
They also said that signatures can be submitted via digital format, and the same was recognised under the Information Technology Act.
A larger bench of the Kerala High Court will examine whether a wedding under the Special Marriage Act (SMA) can be solemnised online via video conferencing.
Justice P B Suresh Kumar, who had heard arguments on the issue, referred it to a larger bench.
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