Fact Check: Can A Special Marriage Act Wedding Be Solemnised Online?

Is it possible to solemnise a wedding under the Special Marriage Act (SMA) via video conferencing?

It’s a relevant and tricky matter during these times of COVID-19 pandemic.

Several petitioners have contended that the bride and groom’s physical presence is not necessary for solemnisation of nuptials under the law.

Justice P B Suresh Kumar, who heard the matter at Kerala High Court on Thursday, reserved his decision.

The state government is not in favour of online solemnisation of marriages under the SM Act. Its counsel argued that solemnisation of marriage was mandatory prior to registering it under SMA. Hence, the two sides and witnesses have to be present before the Marriage Officer.

Among other arguments against online solemnisation is that if it was permitted, it would necessitate maintaining an electronic register and setting up an online mode of payment which are currently not in place.

Another condition for solemnisation of marriage refers to residence. At least one of the two parties needs to have resided in the area within territorial limits of the Marriage Officer for a minimum of 30 days prior to issuing the notice of intended nuptials. So how can two persons living abroad have their marriage solemnised online?

On the other hand, the petitioners have contended that if SMA marriages can be registered online, therefore, even solemnisation can be conducted without physical presence of the parties.

They have referred to various judgments which have said that appearing via video conferencing is similar to being present in person, the sole difference being that the parties can’t be touched.

The marriage, they argue, can be solemnised by exchanging garlands or shaking hands, provided the two parties declare that they take each other as lawfully wedded husband and wife.

If needed, signatures can be submitted via digital format, which is recognised under Information Technology Act.