Validity of Marriage through video Conferencing under SMA- To be Examined by Division Bench of Kerala High Court

On Wednesday Justice P B Suresh Kumar referred the matter to Division Bench of Kerala High Court for adjudication.

The fact arouse from various pleas filed for allowing marriage through video Conferencing under Special Marriage Act, 1954, Contending that personal physical presence of the bride and groom is not mandatory for marriage.

Furthermore in many landmark judgement the Courts have held that virtual presence is same as of physical presence and digital signatures is accepted under IT laws.

The State has raised objections that Solemnization was mandatory prior to registration of marriage and hence , the presence of parties and witnesses before the Marriage Officer was necessary.

It was argued that in online mode, it would require maintaining an electronic register of marriages and setting an online mode of payment, both of which are not available.

Lastly the Act requires at least one of the parties to be present within the territorial limits of the Marriage officer for minimum 30 days prior to issuing of notice of nuptials and hence online mode would not satisfy this condition.

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