Registration of marriage after couple appears online is legal: Delhi High Court

Justice Rekha Palli stated that the high court had permitted registration of a marriage through virtual mode earlier as well — in 2007 when the use of video conferencing was at a very nascent stage.
Representational Image. (File Photo)
Representational Image. (File Photo)

NEW DELHI:  With various courts allowing couples to register marriage by appearing before authorities through video conferencing, legal experts believe this will become a new normal with the availability of technology.

Justice Rekha Palli of Delhi High Court on Thursday allowed a US-based couple to appear before authorities to register their marriage virtually. The couple said their marriage was solemnised through Hindu rites before registration was made compulsory in 2014.

They said since they are abroad, they are unable to get their marriage registered. Similarly, Kerala High Court had ruled that considering technological advancements, marriages under the Special Marriage Act, 1954 can be registered through video conference.

Legal experts state that although according to the present act, physical presence for marriage registration is mandatory and the process could not be undertaken through video conferencing since it requires taking a live photo, during the pandemic this change is needed.

“Physical appearance helped prevent false registrations and unwanted litigation but with the advent of technology, these things are welcome and certain changes need to be made and certain checks and balances need to be in place,” said Supreme Court advocate Rekha Agarwal. Echoing the same, advocate Vibhas Mukherjee said, “To make things smooth, usage of facial recognition and other data tools for the identification of parties should be used more prominently.”

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