Tue. May 14th, 2024

Imagine, if you could get married to the love of your life through Skype or a video-conference call? In all states appearance by the couple in front of the registrar is mandatory. But what if you and your loved one were from a different country, or living there for some reason? The High Court in Kerala has approved the allowance of couples to appear before the registrar through video-conferencing. This, under the Kerala Registration of Marriages (Common) Rules, 2008.

The High court at Kochi made this rule for an NRI couple from Kollam. All this over a signature, the process demands signatures from both parties in the Register of Marriages. This particular couple was looking to apply for a permanent resident status in the U.S. and were required to obtain a marriage certificate for the same. It would have been impossible for them to appear before the registrar considering their circumstances. If they left re-entering the United States would have been a problem. This can be seen as a progressive move by the Kerala High Court. It might even be advisable to be followed by other states. It was also said by the high court that the power holder of the petitioners should be allowed to sign on their behalf.

Questions:

Are we looking at another puzzle of the digital age? And why hasn’t this been implemented nationally? Considering India has a very high NRI population, they matter too. They should be entitled to these services. But this also raises a question of the power of a signature. Who has the right to petition on behalf of whom? This is a simple policy which may create problems in the future regarding the legality of marriages in India. This must also be taken into consideration. Should there be attached conditions to this law or not? Maybe one day, we’ll be able to digitally sign in the register of marriages to obtain a marriage certificate. In these uncertain times one can’t tell.

By Sahitya