KOCHI: After allowing registration of marriages solemnized under personal laws through videoconferencing, the Kerala High Court will now consider the question whether marriages under Special Marriage Act (SMA) can also be solemnized through videoconferencing.
Taking a contrary view to earlier judgments that marriages under SMA can be solemnized only physically, Justice PB Suresh Kumar on Wednesday suggested that a larger bench should examine the issue in line with the changes in the society. The case has been directed to be placed before the chief justice for this purpose.
In the judgment, the court noted that an earlier judgment of the high court (Shitha VK vs The District Registrar – General of 2021) requires physical presence of parties to a marriage under SMA. The court also pointed out that another judgment (Dioncey Augustine vs State of Kerala of 2019) held that permitting marriage under SMA through videoconferencing would trifle the solemnity of the marriage and goes against sections 11 and 12 of SMA.
The court is witnessing a large number of cases in which parties leave the country after giving notice for marriage as per SMA and are unable to return due to reasons beyond their control. “A pragmatic interpretation of the provisions of the Act (SMA), according to me, would redress the grievances of many such people,” the judge said while referring the matter for consideration by a larger bench. tnn
