Marriage can be performed online as per Special Marriage Act; HC gives approval

KOCHI: The Kerala High Court said that the demand of the bride and groom to perform the marriage online as per the Special Marriage Act cannot be denied. The court also made the interim order issued on September 9, 2021, to register such marriages as final.

In August 2021, Justice PB Suresh Kumar had opined on a petition filed by Thiruvananthapuram native Dhanya Martin that there was no defect in registering online marriages. However, this petition was left for consideration by the division bench as similar petitions were rejected by another bench. Following this, the division bench directed the marriage registration officer through an interim order to register the marriage if the bride and groom appeared online. On Wednesday, the Division Bench made this order final. The High Court held that electronic records are legally valid as per the Information Technology Act, of 2000.

Under the Special Marriage Act, the bride and groom have to appear in person before the Marriage Registration Officer to register their marriage. Many approached the High Court seeking relaxation of the law stating that either the bride or groom is abroad and cannot return home due to the Covid-19 restrictions. People will no longer have to approach the High Court for such marriages as the division bench has made the interim order final.