Date of Judgement:
9th August 2021
Coram:
Justice Indira Banerjee and Justice V. Ramasubramanian
Parties:
Appellant: State of Haryana & Anr.
Respondent: Ami Ranjan & Anr.
Subject
This judgement deals with the question of obtaining a marriage certificate under the Special Marriage Act through video conferencing in cases where parties are unable to be physically present due to travel restrictions.
Overview
- The Respondents had solemnised their marriage according to Hindu rites on 7th December 2019 at Gurugram, Haryana. Thereafter, within a week after their marriage, the husband and wife left for their places of work in the United Kingdom (UK) and USA respectively.
- They had applied for registration of their marriage on 29th January 2020 before the Deputy Commissioner-cum-Marriage Officer. The Marriage Officer called them to appear before him on 3rd April 2020, after the first hearing that took place through video conference.
- However, due to the COVID-19 pandemic and the nation-wide lockdown, the Respondents were unable to return to India on the said date. The husband (in the UK) was not allowed to visit his wife (in the USA) due to the non-availability of a marriage certificate.
- On 7th August 2020, the Respondent-husband applied to the Marriage Officer requesting him to conduct the second motion hearing also through video conferencing.
- This request was rejected by the Marriage Officer on 11th September 2020, and the aggrieved appellants had approached a Single-Judge Bench of the Punjab and Haryana High Court.
- However, the Single Judge, on 14th December 2020, dismissed the plea stating that there is no provision in the Special Marriage Act, 1954 that enables registration of marriages without in-person appearance.
- The Respondents then approached the Division Bench of the High Court via Letters Patent Appeal.
- The Bench comprising Justices Ritu Bahri and Archana Puri, allowed the appeal and dismissed the impugned orders of the Single Judge as well as the Marriage Officer. It held the registration of marriages through video conferencing as valid and legal.
- The State of Haryana moved the Supreme Court against this order (dated 9th March 2021) of the High Court Bench.
Issues Involved
- Whether it is mandatory for marriages to be registered under the Special Marriage Act, 1954 only in accordance with the Fifth Schedule thereof, or can it be made through video conferencing in certain circumstances?
Important Provisions
- Special Marriage Act, 1954: The Act makes provisions for inter-caste and inter-religious marriages and for their registrations. It covers all the primary religions in India that includes Hindus, Muslims, Christians and Buddhist among others. Not only Indian citizens, but also Indian Nationals who stay abroad can solemnise their marriage under this Act. This Act, unlike personal laws, does not mandate the following of a particular religion or caste to enter into marriage. It also doesn’t advocate renouncing or conversion of religion for marriage purposes.
- Section 15 of the Act: Section 15 provides for registration of marriages solemnised under the Special Marriage Act, 1954. It states that the parties intending to register their marriage must reside within the district of the Marriage Officer for a period not less than thirty days preceding the date on which they make an application to such Marriage Officer.
- Section 16 of the Act: Section 16 empowers a Marriage Officer to enter a certificate of marriage, in the Marriage Certificate Book, in the form prescribed by the Act. This can be done only if the conditions stipulated in Section 15 are fulfilled.
- Section 18 of the Act: This Section deals with the effect of the registration of such marriages under the Act.
- Section 47 of the Act: Section 47 states that the Marriage Certificate Book, maintained under this Act, shall be open for inspection at reasonable times, and shall also be admitted as evidence.
- Fifth Schedule of the Act: The fifth Schedule of the Act specifies the form through which a Marriage Certificate is entered in the Marriage Certificate Book. It mandates the physical presence of the parties, along with three witnesses. The signatures of all of them are also compulsory as per the Schedule.
Judgement Analysis
- The Supreme Court bench, comprising Justices Indira Banerjee and V. Ramasubramanian, held that marriages can be registered under the Special Marriage Act through video conferencing also. The Court opined that law must go along with technology.
- It further observed that the 1954 Act was enacted before the introduction of modern technologies, and that law must have the tendency to change its nature with the evolving world. Therefore, the letters in the Act must not be construed strictly. With this, the Court upheld the verdict of the High Court.
- The Punjab and Haryana High Court Division Bench, in its judgement dated 9th March 2021, made a careful analysis of the case. It held that the Respondents had not requested exemption from appearance, and that they only demanded their presence through an online mode (Paragraph No. 10)
- It also observed the growing technological influence in the world, and emphasized on its application in the legal field. After citing a number of cases in this context, the Bench held, “the identity of the parties can be verified through video conference and certificate of marriage can be issued to them.” (Paragraph No. 13)
- With respect to the contentions regarding violation of Section 47 of the Act that enables such certificate to be admitted as evidence, the High Court adduced the Supreme Court’s observation in State of Maharashtra vs. Dr. Praful B. Desai, 2003, and held that a marriage certificate obtained via video conferencing is not against Section 47, and can be admissible as evidence. (Paragraph Nos. 16 and 20).
- Accordingly, the High Court permitted the registration to take place by the physical presence of the husband and the three witnesses. The witnesses shall submit a copy of their identity proofs, and also verify their presence in the marriage. The appellant-husband was also directed to submit evidence of marriage, while the wife was allowed to appear via video conferencing.
- The Supreme Court, in the instant case, had validated these directions and order of the High Court Bench.
Conclusion
It is a widely known fact that law changes with the changing world. Any development in the legal field would have an impact on the Society. Similarly, societal changes can affect the legal system too. This holds true in many aspects. Especially, when we understand the relationship between the law and technology, we also tend to see the influence that the said areas have on each other. Technology is subject to legal provisions, and at the same time, law modifies with improvement in science and technologies. Virtual hearings, admissibility of online evidence, digital signatures, etc. are all important developments in improving the legal services.
The judgement pronounced by the Supreme Court, in this case, is yet another addition to the reformation process of the legal system.
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