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KHC allows married couple residing in Australia to register marriage in India via video conferencing

Updated: Jun 19, 2021

Kerala High Court  | Treesa Sunil | Social Thikana

The petitioners were husband and wife who had Migrated to Australia on temporary visa in June 2018. Their marriage was solemnized in 1997 and had a marriage certificate as proof of it. The petitioners also have 3 children from their wedding.

Change in immigration rules required them to have marriage registration certificate so as to obtain permanent residence. When the registrar was approached by the Power of Attorney of the petitioners for obtaining such certificate, they were told that personal appearance of the petitioners is required to process the memorandum.

Considering the evidence of marriage and the pandemic situation the court said, “It is not practically possible for the petitioners to travel all the way from Australia during this turbulent period, to subscribe their signatures in the registers of the respondents. Strict enforcement of the procedure cannot be insisted upon in this extra-ordinary situation. In the peculiar facts and circumstances of the case, I am of the considered opinion that the petitioners have to be permitted to register their marriage through video conferencing and be represented through their power of attorney and if needed even subscribe their signatures on such applications and other documents by using digital signature which would fulfill the statutory requirements.”

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