Special Marriage Act (SMA): Kerala High Court will consider whether online marriages can be done.

Special Marriage Act (SMA): Kerala High Court will consider whether online marriages can be done.

A single bench of the Kerala High Court referred the matter to a larger bench. A larger bench of the Kerala High Court will consider the possibility of conducting a marriage online through video conference under the Special Marriage Act (SMA).

So now marriages will also be online, this matter arose in Kerala High Court.

A larger bench of the Kerala High Court will consider the possibility of conducting a marriage online through video conference under the Special Marriage Act (SMA). After hearing the arguments, a single bench of Justice PB Suresh Kumar referred it to a larger bench for consideration. This order has come on the arguments of several petitioners. It has been argued that the presence of the bride and groom is not necessary for a marriage under the law.

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On the other hand, the state government is not in favor of conducting marriages online under this law. It has been argued that the marriage is mandatory to take place before the marriage registration under the SMA and, therefore, the presence of both the parties and the witnesses is necessary before the marriage officer. Further, the State Government has argued that at least one of the parties should be resident of the area within the territorial limits of the Marriage Officer for a minimum period of 30 days before the notice of marriage is issued. Therefore, two persons living abroad cannot get married online.

Marriage online through video conference under the Special Marriage Act (SMA).

It was also argued that if the online method is allowed, it would be mandatory to maintain an electronic register of marriages and establish an online mode of payment, which currently does not exist. 

Special Marriage Act (SMA): Kerala High Court will consider whether online marriages can be done.
Special Marriage Act (SMA): Kerala High Court will consider whether online marriages can be done.

Further, the State Government has argued that a further requirement for the solemnization of marriage was that at least one of the parties must have an area within the territorial limits of the Marriage Officer for a minimum period of 30 days before the issue of notice of marriage. Therefore, two persons living abroad cannot get married online if they do not fulfill the residency requirement. Advocates A Ahjar, Jawahar Jose and V Ajit Narayanan, appearing for the petitioners, have argued that when marriages can be registered online under the SMA, there should not be a need for the physical presence of the parties involved in the ceremony as well.