[COVID-19 travel restrictions] Kerala High Court allows Indian couple stuck in Israel to register marriage via video conference

The Kerala High Court recently directed that a Malayalee couple stuck in Israel amid the COVID-19 pandemic, be permitted to register their marriage via video conference (Sebastian Thomas v. Secretary, Local Self Government Department). .Single-judge Justice N Nagaresh issued directions to the local registrar of Changanassery municipal office to register the marriage after hearing the petition filed by Sebastian Thomas, the father of the boy stuck in Israel. ."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 TK v. Secretary and Registrar of Marriages, Alappuzha and another [2020 (4) KLT 853] as expeditiously as possible," the Court ordered. .The petitioner’s son, Mohan Sebastian and Sonia Raju had got married on January 13, 2020. Soon after the marriage, the couple returned to Israel, as they were employed there. Owing to the COVID-19 travel restrictions, they were not able to travel back to Changanassery to register their marriage before the local authority. .On February 26, 2021, Sonia gave birth to a child. When they sought a birth certificate and passport for the newborn child, the Israeli authorities asked them to produce a marriage certificate from the local authority in India. .Consequently, the couple applied for registration of marriage before the local registrar at Changanassery but their application was rejected as the parties were not present before the registrar. This prompted the petitioner, to seek relief from the High Court. The petitioner’s counsel cited the High Court's judgment in the case of Mathew TK Vs. Secretary and Registrar of Marriages, Alappuzha and Another, in which registration of marriage through videoconferencing was allowed..The Court accepted the same and issued relevant directions. .Recently, the Punjab & Haryana High Court had also passed a similar order when it allowed a couple to register their marriage under the Special Marriage Act (Act) by permitting the wife to appear before the Marriage Officer through video conference from United States of America..[Read Judgement]