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2021 DIGILAW 489 (KER)

Sebastian Thomas S/o. Thomas v. Secretary, Local Self Government Department

2021-05-04

N.NAGARESH

body2021
JUDGMENT : 1. The petitioner is the father of Mr. Mohan Sebastian. Mr. Mohan Sebastian married Mrs. Sonia Raju on 13.01.2020. Mrs. Sonia Raju is now working and residing in Givat Brenner, Rehovot, Israel. Both of them were working in Israel. After the marriage, the couple went to Israel and due to the COVID-19 pandemic, they are unable to travel back to Changanassery and to register the marriage before the Local Registrar. 2. Mrs. Sonia Raju gave birth to a child on 26.02.2021 at Givat Brenner. The petitioner's son is the only person available to take care of the mother and child. To obtain Birth Certificate and passport of the newborn child, Marriage Certificate from the Local Self Government Authority has to be produced before the Israeli Authorities. The couple therefore applied for registration of marriage to the Registrar of Births and Deaths at Changanassery Muncipality. The application is rejected due to nonappearance of parties in person before the Registrar. 3. The learned counsel for the petitioner would argue that due to the pandemic situation all over the world, his son and daughter-in-law are not in a position to travel from Israel to Kerala. They are ready to appear before the Registrar by virtual mode. Unless the marriage is registered utilising virtual mode/video conferencing, the future of the newborn child will be put to difficulties and it will affect the family adversely. 4. The learned counsel for the petitioner brought to the notice of this Court a judgment of this Court in Mathew T.K. v. Secretary and Registrar of Marriages, Alappuzha and another [ 2020 (4) KLT 853 ] wherein this Court has held that Local Registrar can obtain personal appearance through Video Conferencing for the purpose of registration of marriages. 5. Heard. In the facts and circumstances of the case, and also taking into account the pandemic situation prevailing and the impending lockdown, the writ petition is disposed of directing the 3rd respondent to register the marriage of the petitioner’s son and daughter-in-law adopting video conferencing facility, following the judgment of this Court in Mathew T.K. v. Secretary and Registrar of Marriages, Alappuzha and another [ 2020 (4) KLT 853 ] as expeditiously as possible. The petitioner shall serve a copy of the writ petition, a copy of the judgment of this Court reported in 2020 (4) KLT 853 and a certified copy of the judgment in this case, on the 3rd respondent for prompt compliance of this judgment.