MARRIAGES UNDER THE SPECIAL MARRIAGE ACT COULD BE REGISTERED THROUGH VIDEO CONFERENCES - KERALA HC

Recently the Kerala High Court Division Bench of Justices A Muhamed Mustaque and Kauser Edappagath held that marriages under the Special Marriage Act (SMA), 1954, could be registered through video conference. The bench was hearing a group of petitions seeking marriage under SMA through video conference. A single judge referred the cases on 25th August.

At the outset, the bench said they are inclined to allow the matter as, during the era of technology, marriages can be registered without being physically present before the marriage officer. However, their only concern is that the officer must be in a position to recognize the parties. 

The Bench further noted that the petitioners presented two modes of identification for marriage under SMA. "One, the physical appearance of the parties before the officer or consultant, if they are residing abroad or before such authority which could be recognised under domestic law. The second mode is developing technological mechanisms for recognising the parties by facial recognition and biometric credentials".

The Court directed R Suvin Menon, the Assistant Solicitor General, that it would require the Union Government's aid or assistance to form a device for the purpose by using existing data and technology. However, the ASG raised concerns regarding the abuse of data. The court emphasised that the technology will be used for positive purposes such as SMA marriage and not negative aspects. 

The bench further emphasised that "There should be a uniform marriage law and divorce in future. Each and every marriage should be registered whether you marry it under nay personal law. But there should be a public law where marriages should be compulsorily registered. Because in the technological era, you cannot rely on the physical form of registration of marriage." 

The Court directed the state to get information from experts and directed the ASG to get instructions from the ministry. 

Author: Papiha Ghoshal