Kochi: Extraordinary times call for unheard of actions and interventions. The global travel bans in the wake of the COVID-19 pandemic has forced some to opt for virtual marriages, but do they stand the scrutiny of law?
The Kerala High Court has said that it needs to be examined in detail whether a wedding under the Special Marriage Act (SMA) can be solemnised through video-conferencing. Justice P B Suresh Kumar has referred the petition in this regard to a larger bench.
The law must not only change with the changing social needs but it must also acknowledge the advancements in technology, the High Court opined.
The High Court considered a petition by Thiruvananthapuram native Dhanya Martin, seeking permission to solemnise the wedding through video-conferencing under the Special Marriage Act.
If the law fails to respond to the demands of a changing society, it will either impede the progress of the society or a society with sufficient vigour will disregard the law that hinders growth, the HC said while citing a Supreme Court verdict.
There have been several cases of people having to go abroad after giving notice for marriage. There is also the scenario of many people unable to come home for the wedding. The court said that only through a pragmatic interpretation of the provisions of the law can such issues be redressed.
If a witness in a criminal case appears in court via video-conferencing, then those who want to get married should also be allowed to do so via video-conferencing, the HC opined. If the nature of the wedding under the Special Marriage Act is contractual, then the provisions of the Information Technology Act are also relevant in this regard.
