JUDGMENT
The petitioner intends to marry a lady by name Shiny Kurian who is presently residing in New Zealand. The petitioner along with Shiny Kurian, submitted Ext. P3 notice of intended marriage before the 3rdrespondent, Marriage Officer. The 3rdrespondent informed the petitioner that the notice cannot be accepted since the photograph of Shiny Kurian is not attested by a Gazetted Officer. Aggrieved, this writ petition is filed.
2. Learned counsel for the petitioner submitted that, insistence on the intended bride's photograph being attested by a Gazetted Officer in India is making it impossible for the
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petitioner and his fiancee to get their marriage solemnized. Relying on the decision made by this court in WP(C) No. 28730/2018, it is contended that, considering the technicalities involved in the submission of online application under Section 5 and taking note of the fact that officials are insisting for attested photographs while uploading the online application, this court has held that the intending spouse residing abroad can get her photographs attested by a Notary Public or any Local County Council member in the U.K. This court also observed that the 3rdrespondent Marriage Officer will be at liberty to insist on both parties producing photographs attested by a Gazetted Officer at the time of solemnization and registration of marriage. Learned Counsel for the petitioner submits that even after the amendment, the Second Schedule of the Special Marriage Act remains untouched and hence, there cannot be an insistence of production of attested photographs.
3. Learned Government Pleader pointed out that after the amendment to the Kerala Special Marriage Rules, 1958
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by G.O. (Rt) No. 4/2018/Law dated 12.04.2018, it is mandatory for the parties to produce their photographs duly attested by a Gazetted Officer.
4. In my opinion, the issue can be resolved by the spouse living abroad being permitted to produce photographs attested by the competent officer in the Indian Consulate at New Zealand.
5. Learned Central Government Counsel submitted that the Indian Consulate at New Zealand is providing attestation services and the petitioner can approach the Consulate.
6. Learned Counsel for the petitioner submitted that the intending bride being abroad, the Marriage Officer may be directed to permit the petitioner and his fiancee to solemnize their marriage through virtual mode.
7. The writ petition is accordingly disposed of permitting the petitioner to produce the photograph of the intending bride duly attested by the authorized officer in the Indian Consulate at New Zealand. On producing of the
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photographs, the Marriage Officer shall accept the same in lieu of the photographs attested by Gazetted Officer. If all other requirements are satisfied, the Marriage Officer shall permit solemnization of the petitioner's marriage with Shiny Kurian, the bride appearing through virtual mode, subject to the following conditions:
(I) The Marriage Officer under the Special Marriage Act is directed to solemnize marriage or register the marriage, as the case may be, through online subject to the conditions hereafter referred.
(i) The witnesses required for solemnization of marriage shall be present before the Marriage Officer.
(ii) The witnesses shall identify the party appearing online.
(iii) The copy of passport or other public documents for identifying the party appearing online shall be furnished in advance.
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(iv) Wherever signature of the bride is required, that shall be affixed by her authorized Power of Attorney.
(II) All other necessary formalities as required by law shall be complied with before solemnization 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) On solemnization of marriage, the certificate of marriage shall be issued in the manner prescribed in Section 13 of the Special Marriage Act.
Sd/-
V. G. ARUN
JUDGE
san
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Exhibit P9 THE TRUE COPY OF THE POWER OF ATTORNEY
DATED 19.08.2022 EXECUTED BY THE
PETITIONER'S FIANC6E SMT. SHINY KURIAN
Exhibit P10 THE TRUE COPY OF THE JUDGMENT IN W.P ( C) 26772/2022 DATED 15.09.2022
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