Marriages have taken place even during these corona times however what has become a difficult part for those couples getting married under the Special Marriage Act is to get the marriage registered in a timely fashion. In such backdrop the advancement of technology seems to be the only answer and solution to the situation.

The recent decision of the Supreme Court upholding the Division Bench Judgment of the Punjab and Haryana High court delivered in the month of March, 2021 dealt with legality of such procedure if adopted whereby allowing the Marriage officer to register Marriage while securing presence of the Party involved through video conferencing which would be considered to be a due follow of the process provided under the Special Marriage Act, 1954, has put a quietus. Now, depending on the facts of the particular case, such marriages could be registered through video conferencing as well and same would be valid for all purposes.

The Hon’ble Supreme Court while dismissing the SLP against the Order passed by the Division Bench of the Hon’ble High Court in the case of AMI RANJAN & OTHERS VERSUS STATE OF HARYANA AND OTHERS categorically observed as follows:-

“Presence of the parties could be secured through video conference in specific cases where such procedure requires because of peculiar facts of the case. Registration of marriage of spouses separated by distance has to be addressed keeping in view the changing times and it is open to evolve a suitable mechanism by incorporating video-conferencing, authentication of identities by Embassies and attestation of signatures in a similar manner…….. Since the Husband is seeking presence through video conferencing for the marriage to be registered, the wife presence can be secured through video conferencing while husband and three witnesses can remain present in the Marriage officer. Such certificate would not be violation of Marriage Certificate book under the Act considered as Public Record”

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