A division bench comprising Justice D Krishnakumar and Justice Victoria Gowri has issued a temporary stay order on a ruling by a single judge that allowed a marriage to be solemnized virtually, with the groom in the USA and the bride in India.
The single judge had suggested that the bride could sign the certificate on behalf of both herself and the groom using her power of attorney. The appeal against Justice GR Swaminathan’s order was filed by Sub Registrar Manavalakurichi, and it was heard by the division bench.
The appellant pointed out that the court’s reference to a speech by Swami Vivekananda about the story of Ramayana was misplaced, as Ram had used a golden statue of Sita after the marriage ceremony, while in this case, the couple was seeking permission to solemnize the marriage itself virtually.
According to the appellant, the single judge in the case had misunderstood the facts of the case. The appellant argued that even if the bride had signed the declaration form on behalf of herself and the groom using her power of attorney, the marriage had to be solemnized physically. Therefore, there was no question of allowing virtual solemnization.
The appellant further contended that the single judge had unjustly criticized the Registrar for not registering the marriage when the couple appeared before them after 30 days. The Sub-registrar argued that objections were received from the couple’s families, and therefore, the marriage could not be solemnized at that time.
The appellant argued that the court’s observation in this regard was misconceived. Additionally, the appellant stated that the reference to the Covid-19 (Temporary Measures for Solemnization and Registration of Marriage) Act 2020 in Singapore and the Hanafi school of thought in Pakistan were misplaced as the facts of the case were different.
Source: https://www.livelaw.in/news-updates/madras-high-court-stays-single-judge-order-solemnization-marriage-virtually-222859?infinitescroll=1