AI Structured Summary
Not yet generated for this judgment
Judgment
Sathish Ninan, J.
Sini Mary Koshy, the daughter of the petitioner was married to Tony Varghese on 11.01.2003, at the St. Johns Mar Thoma Church, Vadasserikara,
Pathanamthitta District. The same is evidenced by Ext P1 certificate of marriage issued from the church. The petitioner's daughter-Sini Mary Koshy
and her husband-Tony Varghese are abroad at Sharjah, UAE. Their resident visa is due to expire. For renewal of the same, the marriage certificate
from the local authority is necessary. In the wake of the travel restrictions imposed consequent on the COVID-19 Pandemic, the petitioner's daughter
and her husband are unable to come down to the native place to complete the procedures for registration of marriage under the Kerala Registration of
Marriages(Common) Rules, 2008. It is under such circumstances that the petitioner has approached this Court seeking for a direction to the Registrar,
to have the formalities regarding the registration of marriage of the petitioner's daughter Sini Mary Koshy with her husband Tony Varghese completed
via video conference and to have the certificate issued.
In Mathew T. K. v. Secretary and Registrar of Marriages, Alappuzha and Another 2020 (4) KHC 456, this Court has in a similar matter
directed registration of marriage on conditions. There is no reason not to follow the said precedent.
In the circumstances, it is ordered as follows:-
(i) The petitioner shall file an affidavit before the 1st respondent stating that he has been duly authorised by the petitioner's daughter to sign in the
marriage register on her behalf.
(ii) An authorized representative of the husband of the petitioner's daughter-Tony Varghese, preferably one among his parents, shall file an affidavitÂ
before the 1st  respondent stating that he/she has been duly authorised by Tony Varghese to sign in the marriage register on his behalf.
(iii) Memorandum of Regitration of marriage, as required under the rules, shall be submitted to the 1st respondent, signed by the petitioner(on behalf of
his daughter-Sini Mary Koshy) and by the authorised representative of Tony Varghese referred to above.
(iv) If an affidavit along with the memorandum is filed before the 1st respondent as directed, he shall act upon the same and complete the
formalities for registration of the marriage of the petitioner's daughter Sini Mary Koshy with Tony Varghese, after securing the presence of her
husband through video conferencing, and issue marriage certificate after obtaining signatures of the petitioner and the authorised representative of her
husband Tony Varghese.
(v) Sini Mary Koshy and Tony Varghese shall appear before the 1st respondent and sign in the marriage register within one year from the date of
registration. In case they fail to comply with the said direction, the 1st respondent will be at liberty to revoke the registration of their marriage.
(vi) The petitioner shall produce a certified copy of the order before the 1st respondent for necessary information and further action. He shall also
make necessary arrangements for the video conferencing.
(vii) The necessary fee payable consequent to the delay in registration shall also be paid by the petitioner.