Madras HC Allows Virtual Wedding Of Indian Woman, US Man

Right to marry may be a fundamental right and sections 12 and 13 of the Special Marriage Act, 1954 should be so construed on effectuate this right, Justice G R Swaminathan held, after hearing a writ petition.

A Tamil Nadu woman is prepared to marry an American national of Indian origin through virtual mode, due to the Madurai Bench of the Madras supreme court, which has given the go-ahead for the web wedding.

"Section 12 (2) of the Act states that the wedding could also be solemnized in any form which the parties may prefer to adopt.

In this case, the parties have chosen the net mode. Since law has got to keep up with the march of technology, the selection of the parties herein noticeably passes legal muster." Vasmi Sudarshini P N, the petitioner sought a direction to the respondent Sub-Registrar, Kanyakumari to solemnize her marriage with Rahul L Madhu through video conference.

She prayed that the marriage should be registered under the Special Marriage Act, 1954 and a wedding certificate should be issued.

The court directed the Sub-Registrar to facilitate the solemnization of the wedding of the writ petitioner with Rahul L Madhu within the presence of three witnesses through virtual mode.

The parties to the wedding are a great deal having the capacity to marriage, Justice Swaminathan wrote within the judgment and cited a ruling that held that it's not necessary that both the parties must be Indian citizens.

"Therefore, I hold that there's no legal impediment whatsoever for solemnizing the wedding.

The petitioner has power of attorney from Rahul L Madhu. After the wedding is solemnized, the petitioner can affix her signature within the marriage certificate book both for herself and on behalf of Rahul L Madhu. Thereupon, the certificate of marriage shall be issued under Section 13 of the Act by the respondent." Sudharshini, a resident of Kanyakumari and Rahul Madhu, who is an American national, fell enamored. The duo wanted to induce married and Rahul visited India.

On May 5, 2022, he submitted a joint application together with the petitioner to the Sub Registrar under the Special Marriage Act. After a notice was published, objections were received from Rahul's father and another person.

The marriage officer came to the conclusion that the objections aren't reasonable. The mandatory 30 days period expired on June 12, 2022.

The parties appeared before the Sub-Registrar the subsequent day. However, for reasons more or less discernible, the respondent failed to facilitate the solemnization of marriage, the court said.

Rahul couldn't wait further as he had to return thanks to visa requirements. The duo prayed that they must be allowed to solemnize their marriage under Section 12 of the Act while the bride is in India and also the bridegroom is in America.