In such a situation, the parties have chosen the online mode.
Chennai:
A Tamil Nadu woman is all set to marry a US citizen of Indian origin through virtual mode, thanks to the Madurai Bench of the Madras High Court, which has allowed for online marriage.
The right to marriage is a fundamental human right and sections 12 and 13 of the Special Marriage Act, 1954 should be enforced in such a manner as Justice GR Swaminathan said after hearing a writ petition.
“Section 12(2) of the Act states that marriage may be solemnized in any form which the parties may choose to adopt.
In such a situation, the parties have chosen the online mode. Since the law has to keep pace with the pace of technology, the choice of parties here is legally necessary.” Vasami Sudarshini PN, petitioner directed the respondent Sub-Registrar, Kanyakumari to celebrate her marriage with Rahul L Madhu Demanded to give Through video conference.
He prayed that the marriage be registered under the Special Marriage Act, 1954 and a marriage certificate be issued.
The court directed the sub-registrar to facilitate the marriage of the writ petitioner with Rahul L Madhu in the presence of three witnesses through virtual mode.
The parties to the marriage have the potential to solemnize the marriage, Justice Swaminathan wrote in the judgment and cited a judgment which held that it was not necessary that both the parties be Indian citizens.
“Therefore, I believe that there is no legal impediment in solemnizing the marriage.
The petitioner has power of attorney of Rahul L Madhu. After the marriage is solemnized, the petitioner can put his signature in the marriage certificate book for himself and on behalf of Rahul L Madhu. Thereafter, a certificate of marriage under section 13 of the Act shall be issued by the respondent. “Sudarshini, a resident of Kanyakumari, and Rahul Madhu, an American citizen, fell in love. Both wanted to get married and Rahul came to India.
On May 5, 2022 he submitted a joint application with the petitioner to the Sub Registrar under the Special Marriage Act. Objections were received from Rahul’s father and another person after the notice was published.
The marriage officer came to the conclusion that the objections were not justified. The mandatory 30-day period ended on June 12, 2022.
The next day all the parties appeared before the Deputy Registrar. However, for reasons not clear, the respondent did not facilitate the solemnization of the marriage, the court said.
Rahul could not wait any further as he had to return due to visa requirements. Both prayed that they should be allowed to have their marriage under Section 12 of the Act, even if the bride is in India and the groom is in America.
(Except for the title, this story has not been edited by NDTV staff and is published from a syndicated feed.)