'Is the right to marry a fundamental right?': Madras High Court's landmark judgment on online marriage
In the Corona period, you must have seen and heard many such examples in which there was talk of online marriage. It was seen many times during the Corona period that due to the closure of trains and flights, couples could not get married in one place, because of which they had to get married online. Now the question arises whether online marriage is legally legal in India. Along with this, the question also occurs in the constitution of whether marriage is a fundamental right.
In this article, you will get answers to all these questions. If you like our article, then definitely share it further.
The bride was in India, and the groom was in America. Both wanted to get married. For which an appointment was also made. But both could not get married due to visa issues, after which they applied for online marriage and got married online. You must be thinking that this is a story. But no, such a marriage has occurred, and the Madras High Court permitted it. Let us know what this matter was.
Case: Vamsi Sudershini Vs. Sub-Registrar 2022
- This is the case of Kanyakumari in Tamil Nadu, and the decision, in this case, has been given by the Madurai Bench of the Madras High Court.
- Vasami Sudarshini hails from Kanyakumari and falls in love with Rahul, an American of Indian origin. They both wanted to get married. Rahul came to India on a visa for marriage.
- Due to both being from different countries, an application had to be made to get married under the Special Marriage Act 1955. Then both gave a joint application under the Special Marriage Act on May 5, 2022, at the sub-registrar of Manavalakurichi in the Kanyakumari district.
- After giving the joint application, a notice was published on May 12. Rahul's father and another person had objected to this marriage. Under the Special Marriage Act, any person can object within 30 days from the notice's publication date.
- After the objection, the marriage officer inquired into the matter and concluded that his objection was invalid. Thus, the mandatory period of 30 days was completed on June 12. Rahul and Vasmi Sudarshini appeared before the marriage officer on June 13.
- On June 13, due to some reasons, the marriage officer could not get the marriage done on that day. After this, due to visa requirements, Rahul had to return to America immediately.
- In this way, both of them could not get married on time. After this, Sudarshini applied for online marriage, but the sub-registrar did not accept the application. After which, Sudarshini applied to the High Court.
Application to get married online in High Court:
- Sudarshini approaches the court to marry Rahul online.
- In her appeal, Sudarshini asked the court to order the sub-registrar to get her married through video conferencing (online marriage) under Section 12 of the Special Marriage Act.
Madras High Court's decision:
- Hon'ble Mr. Justice G.R. Swaminathan of the Madurai Bench of the Madras High Court allowed Sudarshini in India and Rahul in the US to get married online.
- The High Court Justice said that Section 12 of the Special Marriage Act gives the option to both parties to adopt any approved form of marriage. The medium of marriage is not mentioned in this section. In this case, both parties had chosen the online medium.
- The court said that the groom would be present online, and there is no restriction on doing so in the Special Marriage Act.
- The court also said that the right to marry is a fundamental right under the 'right to live' under Article 21.
- Section 12(2) of the Special Marriage Act states that any means chosen by both parties can solemnize the marriage. In the case of Sudarshini and Rahul, this medium was online. For which the Sub Registrar cannot refuse them.
- The court said that the law has to keep pace with technology, so the option of an online mode of marriage chosen by the couple is legally valid.
- The court ordered the sub-registrar and the authorities to conduct the marriage of petitioner Sudarshini with Rahul online in the presence of three witnesses.
- After marriage, Sudarshini can sign in the marriage certificate book for herself and the groom, Rahul. After this, the authorities were ordered to issue marriage certificates under section 13 of the Special Marriage Act.
Section 12 of the Special Marriage Act 1955:
The Special Marriage Act, Section 12 deals with the place and medium of marriages, that is, how they can marry. As per section 12:
- The marriage may be solemnized at the office of the Marriage Officer or at such other place within a reasonable distance from where both parties may desire.
- Marriage can be done in any form, as both parties want. A marriage officer and three witnesses are necessary at the time of marriage.
- The Madras High Court has given recognition to the online marriage of Sudarshini and Rahul under this law of Section 12(2) of the Special Marriage Act, which clearly states that the boy and the girl can adopt whatever form they want for marriage.
Procedure for applying for marriage under the Special Marriage Act:
- The marriage application has to be submitted to the marriage registrar officer of the district in which both parties have been residing for the last 30 days.
- According to sections 6 and 7 of these acts, after the marriage application, its notice is published. If there is no objection in these 30 days, the marriage can occur after 30 days of the notice.
- The Allahabad High Court gave a judgment in 2021 in which it was said that if the couple does not want, a public notice of marriage cannot be issued because it violates their fundamental rights and privacy.
- After 30 days, the marriage can occur in the marriage registrar's office in the presence of the marriage officer and three witnesses.
Court approves online marriage outside India as well:
- Marriages could not occur in Singapore due to Corona, after which the Temporary Measures for Solemnization and Registration of Marriages Act, 2020, was enacted. In this act, eligible couples for marriage in Singapore have been allowed to marry and register through remote communication technology, i.e., online.
- Similarly, Hanafi Muslims in Pakistan were also allowed to marry on Skype, i.e., online. Islam generally prohibits nikah, i.e., marriage online. But some Muslims allow online marriage with certain conditions.
Will video call the marriage of ordinary people also be legal?
- Under the Special Marriage Act in the country, video calls or online marriage is legal even for common people. Madras High Court has also said the same thing in the Sudarshini case. But following the entire legal procedure mentioned in the Special Marriage Act will be necessary to get married online.
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