Now marriage can be registered even with a virtual presence: Delhi High Court

(PTI) New Delhi, Dt

At a time when web portals and video conferencing are now commonplace, upholding virtual attendance through video conferencing for marriage registration, the Delhi High Court on Saturday said the interpretation of the law on 'personal presence' should not be stuck. At present, citizens cannot be deprived of their rights due to the law of 'personal presence'. In addition, the Delhi High Court has ordered that marriages can be registered in the virtual presence of the parties.

Judge Rekha Palli, while hearing an application seeking registration of marriage in India through video conferencing of an Indian couple living in the United States, said that not requiring direct presence as an inevitable requirement would encourage the parties to easily register their marriage.

"I have no hesitation in concluding that the word 'personal presence' in section 4 of the registration order should be read to include a secure presence through video conferencing," Judge Palli said in his order dated September 8. Any other definition would undermine the purpose of this beneficial law as well as undermine the use of the important and simplest device of video conferencing.

He said the Delhi (Compulsory Registration of Marriage) Order, 2017 is a welfare law, which has been enacted by the Supreme Court to encourage marriage registration. The High Court allowed the couple to register their ‘personal presence’ before the registering authority through video conferencing after applying for marriage registration through their lawyer or power of attorney holder. The court directed that two witnesses from the parties should appear before the registering authority along with their original credentials on the date indicated by the registering authority. The court said the authority would expedite the registration of the marriage and issue a marriage registration certificate within two weeks from the date of receipt of the application.

At present, the couple claimed that their marriage was performed according to Hindu customs before registration of marriage was made compulsory in 2014. As the couple migrated abroad, they could not register their marriage under the Delhi (Compulsory Registration of Marriage) Order, 2016. In view of this, their application for a green card is not being considered in the United States due to lack of marriage registration certificate. When the couple approached the local authority to issue a marriage certificate, he said the personal presence of the parties was mandatory.

The couple had filed an application in the Delhi High Court against the SDM's request for a virtual presence. Counsel for the couple said several high courts have ordered the parties to allow virtual presence for marriage registration. Prosecutors said a virtual presence should be allowed in light of the Corona epidemic and the travel bans imposed by several countries.