Kerala HC supports solemnising marriages under SMA through video conferences

Justice P B Suresh Kumar during a hearing on Wednesday, August 25, said that a law must not only change with changing social needs, but it must also recognise technological advancements. The Kerala High Court was referring to a larger bench on whether a wedding can be solemnized digitally under the Special Marriage Act (SMA). 

High Court speaks on solemnising marriages on video calls

Referring to the statement made by the Supreme Court in the National Textile Workers' Union vs P R Ramakrishnan case, justice P B Kumar said, "if the law fails to respond to the needs of changing society, then either it will stifle the growth of the society and choke its progress, or if the society is vigorous enough, it will cast away the law, which stands in the way of its growth."

Further, the Kerala HC also highlighted that several cases have surfaced where both the parties of the intended marriage had to leave the country and later could not solemnize the marriage due to their physical absence. The court emphasized addressing such issues faced by the people under the provisions of the SMA. 

Furthermore, referring to the provisions of the Information Technology Act, the court stated that the petitions made for accepting marriages through video conferencing cannot be termed as invalid as there are no reasons to not permit the marriage by exchange of words through video conferencing. The petitioners represented by advocates A Ahzar, Jawahar Josh, and V Ajith Narayanan also stated that for digital marriages, signatures can be submitted by digital format under the IT Act.

Petition filed for solemnizing of marriage through digital platforms 

Kerala High Court's remarks came after petitions were filed for allowing marriages without the physical presence of the bride and the groom. However, the state government is against this and states that the physical presence of both sides, as well as the witnesses, is mandatory before the marriage officer.

(Image: PTI/Pixabay)