HC nod for virtual wedding of Indian woman, US man
One-liner: A Tamil Nadu woman is all set to marry an American national of Indian origin through virtual mode, thanks to the Madurai Bench of Madras HC, which has given the go-ahead for the online wedding.
Writ petition: The right to marry is a fundamental human right and sections 12 and 13 of the Special Marriage Act, 1954, should be so construed as to effectuate this right, Justice G R Swaminathan held, after hearing a writ petition.
- Section 12 (2) of the Act states that the marriage may be solemnized in any form which the parties may choose to adopt
Online mode: In this case, the parties have chosen the online mode. Since the law has to keep pace with the march of technology, the choice of the parties herein very much passes legal muster.
Direction sought: Vasmi Sudharshini P N, the petitioner, sought direction to the respondent Sub-Registrar, Kanyakumari, to solemnise her marriage with Rahul L Madhu through video conference.
Prayer: She prayed that the wedding should be registered under the Special Marriage Act, 1954, and a marriage certificate issued.
Three witnesses: The court directed the Sub-Registrar to facilitate the solemnisation of the marriage of the writ petitioner with Rahul L Madhu in the presence of three witnesses through virtual mode.
What the judge said: The parties to the marriage are very much having the capacity to marriage, Justice Swaminathan wrote in the judgment and cited a ruling that held that it is not necessary that both the parties must be Indian citizens.
- Sudharshini, a resident of Kanyakumari and Rahul Madhu, who is an American national, fell in love. The duo wanted to get married and Rahul visited India
Joint application: On May 5, 2022, he submitted a joint application along with the petitioner to the Sub Registrar under the Special Marriage Act.
Objections received: After a notice was published, objections were received from Rahul's father and another person.
Not reasonable: The marriage officer came to the conclusion that the objections are not reasonable. The mandatory 30 days period expired on June 12, 2022.