Whether a wedding beneath the Special Marriage Act (SMA) may be carried out by way of video conferencing was being thought-about by the Kerala High Court, which on Thursday reserved its verdict on the problem.
Justice PB Suresh Kumar heard arguments on behalf of the state authorities, which isn’t in favor of constructing marriages on-line beneath the Act, and a number of other of the petitioners have argued that the private bodily presence of the bride and groom is critical for the conduct of marriages. Not there. Law.
The state authorities mentioned that beneath the Act, the wedding was obligatory earlier than it may be registered beneath the SMA and, due to this fact, the presence of each the events and witnesses is required earlier than the wedding officer.
It additionally states that if the net methodology is allowed, it is going to be obligatory to take care of an digital register of marriages and to arrange a web-based mode of cost, each of which aren’t at the moment relevant.
It additionally acknowledged {that a} additional requirement for the solemnization of a wedding was that no less than one of many events needs to be a resident of the world inside the territorial limits of the Marriage Officer, who could be required to challenge a discover of the supposed marriage. For the primary minimal 30 days.
Therefore, two individuals residing overseas can’t get married on-line if they don’t fulfill the residency requirement.
The petitioners have argued that whereas the wedding may be registered on-line beneath the SMA, the bodily presence of the events concerned within the ceremony can be not required.
He has claimed that there are a number of judgments which say that showing by way of video conferencing is like showing in individual with the one distinction that the events can’t be touched.
He mentioned {that a} marriage beneath the SMA may be solemnized by any means, such because the change of garlands or the shaking of fingers, so long as each events declare that they’re legally married husband and spouse. take as.
He additionally mentioned that signatures may be submitted by way of digital format and it was acknowledged beneath the Information Technology Act.
After listening to satisfactory arguments of all of the stakeholders, the court docket reserved its order on all of the petitions earlier than it on the problem of on-line rites of marriage beneath the SMA.
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With inputs from TheIndianEXPRESS
