The Kerala High Court in the case Dhanya Martin v. State of Kerala & Anr. and other connected cases observed and has held that the authority registered under the Special Marriage Act, 1954 cannot refuse the solemnization of marriage online.
The Division bench comprising of Justice A. Muhamed Mustaque and Justice Sophy Thomas in the case observed and has made its interim order dated 09.09.2021, in the said regard absolute, and thus, the court directed the State Government in order to follow the directions therein until the Government in the case prescribes any other mode for the said compliance.
In the present case, the court was dealing with a batch of writ petitions on a reference made by Justice P.B. Suresh Kumar dated 25.08.2021. Thus, the single bench in the case observed and has relied upon the doctrine of ‘updating construction as it is enunciated by the Apex Court which enables the courts to interpret provisions of an ongoing statute which being in a manner which is suitable to the changes that have occurred since the passing of the statute in social conditions, technology, and so on and thus, the said doctrine is being based upon the presumption that the legislature intends the Court to apply to an ongoing statute a construction that continuously updates its wordings to accommodate changes since the statute was initially framed.
It has also been observed by the Single judge bench that if the witness in the criminal case can be permitted to depose before the court under oath through video conferencing, according to the said court, the Special Marriage Act being an ongoing statute and the parties in the case to an intended marriage can certainly be permitted in order to solemnize the marriage by exchange of words through video conferencing.
Further, the court in the case observed and has stated that marriage, as per common law, constitutes a contract which being between a man and a woman, and although the Special Marriage Act prescribes a procedure for solemnization of the said marriage, the basic character of the marriage remained that of the Contract.
Adding to it, it has been stated by the Single Judge that the provisions of the Information Technology Act, 2000 would also assume relevance in such context.
The Division bench in its earlier interim order observed and has directed the Marriage Officers under the Special Marriage Act to solemnize or register the marriage online subject to the conditions prescribed by the Court therein.
Further, the court in the case observed that the Special Marriage Act, 1954 is an ongoing statute, and the said court have to adopt tools of interpretation in the context of the statute, wherein ascertaining the intent and the purpose of the Statute.
The court stated that the present order issued by the Division bench is making its earlier interim order absolute.
Therefore, the bench observed while passing the said order that the Special Marriage Act has to be construed with time, especially, in the light of the Information Technology Act, 2000. Accordingly, the court disposed of the writ petition.