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Marriages under special law can be registered just about: SC | Latest News India

Law has to march with know-how, mentioned the Supreme Court on Monday because it asserted {that a} marriage under the Special Marriage Act can be registered via video-conferencing, with out insisting on the bodily presence of each spouses.

A bench of justices Indira Banerjee and V Ramasubramanian mentioned that letters of law can not work in a fashion that makes it not possible for folks to observe them even after they need to. “Special Marriage Act was enacted in 1954. The technology of computer and Internet has come much later. Therefore, the law has to march along with technology,” mentioned the bench whereas dismissing an enchantment filed by the Haryana authorities in opposition to an order of the Punjab and Haryana excessive courtroom that allowed a pair to depose remotely under the special law.

“Where there is difficulty, the letter of law cannot be so rigid that it makes it impossible for the parties to follow them. Moreover, the registration department is there to facilitate the parties and not to create obstruction or hurdles,” it noticed.

The courtroom directed the Haryana authorities to adjust to the excessive courtroom order inside 45 days and ensure the couple has a wedding certificates.

The order has come within the wake of a pair expressing incapacity to point out up earlier than a wedding officer in Haryana’s Gurugram for getting their marriage registered under the Act.

The man is an IT guide primarily based within the United Kingdom whereas the lady is a resident physician within the United States. They obtained married in India in December 2019 and travelled again.

They utilized for registration of their marriage and the wedding officer sought their presence on April 3, 2020. However, attributable to Covid-19, all flights had been cancelled and so they couldn’t journey to India. In August 2020, the couple moved a plea to allow them to course of the registration via video-conferencing, however the marriage officer declined it.

The couple then moved the Punjab and Haryana excessive courtroom the place the person identified that he couldn’t journey to the US to fulfill his spouse with out the wedding certificates. The plea requested for the lady to be exempted from bodily look being on emergency Covid responsibility in US.

A single-judge bench dismissed the request final December, holding that there isn’t a provision within the law for marriage registration with out the bodily presence of the couple and two witnesses. This order was challenged earlier than a two-judge bench of the excessive courtroom, which dominated on March 9 that no provision of the SMA would be violated if the lady may be current via video-conferencing and the husband may be bodily current with the witnesses. Haryana filed an enchantment in opposition to the order in SC, saying that couple’s signatures had been wanted to register marriage.

But the bench was unimpressed. “We do not deem it appropriate to interfere with the practical directions given by the high court by its impugned judgment and order. The special leave petition is, accordingly, dismissed. The order of the division bench shall be complied with within 45 days,” directed the bench.

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