KOCHI: The Kerala High Court said on Monday the Local Registrar of Marriages can record it by obtaining the couple’s personal appearance through video conferencing. It also directed the Kollam registrar to permit a couple now residing in the US to appear through video conferencing and allow their power holder to sign in the register on their behalf.
The court issued the order on a petition filed by Pradeep Kodiveedy Cletus and Beryl Pradeep, of Kollam. They said their marriage was solemnised at the St Casimir’s Church, Kadavoor. Pradeep, who was working in the Indian Space Research Organisation, took up a foreign assignment in Ireland and had been residing there with his family since 2001. They managed Irish citizenship in 2009 and relocated to the US in 2016 on the strength of an L-1 visa, which facilitates the temporary transfer of foreign worker to the US to continue employment with an office of the same employer.
The couple said in order to apply for permanent resident status in the US, they need to provide their marriage certificate issued by a competent authority in their country along with applications. Hence, they applied through their power holder. The registrar took the stand that marriage cannot be registered under the Kerala Registration of Marriages (Common) Rules, 2008, without the parties being present before him.
Citing an apex court order, the HC said it was common knowledge the virtual presence of a person living in a different country can be ensured through video conferencing. SC had approved in the context of a criminal trial that requirement of ‘personal appearance’ can be ensured through video conferencing as well.