The Kerala High Court on 18th February,2021 comprising of a bench of Justice PV Asha while rejecting a plea by a woman to allow solemnization and registration of her marriage to take place on a digital platform observed that, unless the provisions contained in the Special Marriage Act are amended, it would not be possible either to relax the mandatory period of notice or to permit marriage in digital form.(SHITHA V.K vs. DISTRICT REGISTRAR (GENERAL))
Facts of the case
The plea was filed by the petitioner to permit solemnisation and registration of her marriage on digital platform.
Contention of the parties
The petitioner submitted that she got married on 15.01.2021 in a private function, but their application seeking registration of their marriage on the ground that they belonged to different religions. They were informed that they have to undergo marriage under the Special Marriage Act. Accordingly, they got notice of intended marriage published under the Act. Thereafter, the woman approached the High Court stating that she has to report in Queen's University, Belfast, Northern Ireland, United Kingdom, for admission to full time Post Graduate course in Master of Science and Advanced Food Safety in School of Biological Sciences urgently and therefore she is not in a position to wait till the notice period expires. She requested the court either to relax the notice period or to permit solemnisation and registration of her marriage on digital platform.
Wanted To Stay Updated & keen to Gain Knowledge. Join us on Telegram Here. or What'sApp Here.
Court's Observation and judgment
The single-judge bench read down the many provisions of the Act including section 12 which provides that a marriage is complete and binding on both the parties only on the declaration of either party that they take each other as the lawful wife/husband and that too in presence of the Marriage Officer as well as the three witnesses. The court also referred to section 13 of the Act which mandates the Marriage Officer to enter a certificate in the prescribed form in the Marriage Certificate Book and to get the said certificate signed by the parties to the marriage and the three witnesses. The court held that it would not be possible to observe these procedures online, in the absence of the physical presence of both the parties near the Registering Officer and the witnesses.
The court observed that the language of the Act clearly shows that there cannot be any relaxation in the procedure to be followed for registration of marriage under the Act. The court held that unless relevant provisions of the Act are amended it would not be possible either to relax the mandatory period of notice or to permit marriage in digital form especially since there are penal provisions provided for in the Act if these procedures are not duly followed. The court thus, dismissed the petition.
Wanted To Stay Updated & keen to Gain Knowledge. Join us on Telegram Here. or What'sApp Here.
It is pertinent to note here that Allahabad High Court in a judgment, held that the requirement of publication of notice of intended marriage under Section 6 and entertaining objections under Section 7 of the Special Marriage Act is not mandatory. The Court further took note that this was an issue affecting a large number of similarly situated persons who desired to build a life with a partner of their own choice.
The Centre even justified the provision requiring a 30-day notice period before registration of marriage under SMA in a petition field before Delhi High Court seeking quashing of the same. The Centre informed the court that, if this is set aside, it may not be possible to verify the credibility of the persons seeking to solemnise a marriage.
0 Comments