Robby Mathai Babu An... v. State Of Kerala Repr..., Kerala High Court, Judgment, Law, casemine.com

Citation Codes

Equivalent Citations

citation codes

Case Number

W.P. (C) No. 26006 of 2021

Judges

N. Nagaresh, J.

Acts

Section 13 of the Special Marriages Act.
Marriage Act, 1954

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Smart Summary

Factual and Procedural Background

The petitioners, intending to solemnise their marriage, filed a notice under the Special Marriage Act, 1954, on 2nd November 2021, having paid the requisite fee. The 2nd respondent informed them that the marriage could only be solemnised after a statutory notice period of 30 days. Since the 2nd petitioner’s address is in Maharashtra, a fresh declaration was required to be sent there, and the 30-day period would be computed from the date of that fresh declaration. The 2nd petitioner was scheduled to leave for Singapore on 5th December 2021, and the petitioners contended that a delay in solemnisation would cause them hardship. The Government Pleader for the respondents submitted that the statutory notice period must be strictly observed, and the 30 days must be counted from the declaration sent to Maharashtra.

Legal Issues Presented

Whether the statutory notice period of 30 days under the Special Marriage Act, 1954 can be shortened or dispensed with to facilitate solemnisation before the 2nd petitioner’s departure on 5th December 2021.
Whether the marriage can be solemnised in virtual mode, considering the pandemic and international travel restrictions.

Arguments of the Parties

Petitioners' Arguments

They have complied with the statutory requirements by filing the notice and paying the fee.
The 30-day notice period should be counted from the initial filing date, not delayed by the need for a fresh declaration due to the 2nd petitioner’s Maharashtra address.
They face hardship as the 2nd petitioner must leave for Singapore on 5th December 2021, before the expiry of the 30-day period.
They requested the court to allow solemnisation of marriage in virtual mode to overcome the timing and travel constraints.

Respondents' Arguments

The statutory notice period under the Special Marriage Act, 1954 cannot be diluted or shortened.
Since the 2nd petitioner’s address is in Maharashtra, the declaration must be forwarded there, and the 30-day period must be counted from the date of that fresh declaration.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Court acknowledged the mandatory nature of the 30-day statutory notice period under the Special Marriage Act, 1954 and held that this period must be strictly adhered to, precluding solemnisation before its expiry. However, considering the global pandemic and international travel restrictions, the Court recognized the need for flexibility and permitted solemnisation of marriage via virtual mode after the statutory notice period. The Court laid down detailed procedural safeguards for virtual solemnisation, including presence and identification of witnesses, verification of parties via official documents, authorised signatures through Power of Attorney, and compliance with all other legal formalities. This balanced adherence to statutory requirements with practical accommodations due to exceptional circumstances.

Holding and Implications

The writ petition is disposed of with a direction to the 2nd respondent to solemnise the marriage of the petitioners in virtual mode at the earliest after the expiry of the statutory 30-day notice period.

The decision allows the petitioners to solemnise their marriage without physical presence, accommodating pandemic-related and international travel challenges while upholding the statutory notice requirement. No new legal precedent was established beyond permitting virtual solemnisation under specified conditions.

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Robby Mathai Babu And Another v. State Of Kerala Represented By The Secretary, Department Of Registration And Another

N. Nagaresh, J.:— The petitioners, who are desirous of getting their marriage solemnised, are before this Court seeking to direct the 2 respondent to register the marriage of the petitioners on completion of statutory period of 30 days as envisaged by the Special Marriage Act, 1954 from the date of Ext.P1.

2. The 1 petitioner is employed in United States of America and the 2 petitioner, in Singapore. They intend to tie marital knot. The petitioners therefore filed notice under the Special Marriage Act, 1954, on 02.11.2021. They paid requisite fee too. But, the 2 respondent informed the petitioners that he can consider solemnisation of their marriage only after 30 days notice period. Since the address of the 2 petitioner is of Maharashtra State, a fresh declaration has to be given by the 2 petitioner, to be sent to Maharashtra and 30 days period can be computed only from the date of filing fresh declaration. The 2 petitioner has to leave for Singapore on 05.12.2021. Unless the marriage is solemnised prior thereto, the petitioners will be put to untold hardship, contend the petitioners.

3. The Government Pleader representing the respondents pointed out that this Court has held in a number of judgments that the statutory notice period under the Special Marriages Act, 1954 cannot be diluted. Since the address of the 2 respondent is of Maharashtra State, a declaration has to be forwarded to Maharashtra and 30 days period can be counted only therefrom.

4. Heard.

5. As the statutory notice period prescribed by the Special Marriage Act, 1954 has to be strictly adhered to, the respondents cannot be compelled to solemnise the marriage of the petitioners on or before 05.12.2021 on which date the 2 petitioner has to go to Singapore. However, this Court, taking note of the pandemic situation across the world and the international travel restrictions, has permitted solemnisation of marriage in virtual mode. The learned counsel for the petitioner submits that the petitioners may also be given the facility of solemnisation of their marriage in virtual mode.

6. In the circumstances, the writ petition is disposed of directing the 2 respondent to solemnise the marriage of the petitioners in virtual mode at the earliest after the expiry of the statutory notice period, subject to following directions:

(I) The Marriage Officer under the Special Marriage Act is directed to solemnise marriage or register the marriage, as the case may be, through online subject to the conditions hereafter referred.

(i) The witnesses required for solemnisation of marriage shall be present before the Marriage Officer.

(ii) The witnesses shall identify the parties who are online.

(iii) The copies of passport or any other public documents in respect of the parties who appear online shall be provided to the Marriage Officer for identification by the Marriage Officer.

(iv) Wherever signature of parties are required, that shall be affixed by the authorised Power of Attorney of the parties or any agent who produce any other official documents recognised under the Indian law on behalf of the parties who appear online.

(II) All other necessary formalities as required by law shall be complied with before solemnisation of marriage.

(III) The Marriage Officer shall fix the date and time and convey the same to the parties in advance.

(IV) The Marriage Officer is free to fix the mode of online platform.

(V) The Marriage Officer is directed to comply with the directions as expeditiously as possible on completion of the statutory formalities.

(VI) On solemnization of marriage, the Certificate of Marriage shall be issued in the manner as referred to in Section 13 of the Special Marriages Act.

Robby Mathai Babu An... v. State Of Kerala Repr...