Kerala HC Permits Registration Of Marriage Of Couple Residing Abroad Through VC Without POA [Read Order]

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While allowing registration of marriage through videoconferencing for couples stuck abroad on petitions filed by power of attorney holders has become the norm at the Kerala high court, the court has now allowed the plea of a parent without a power of attorney to get the marriage of his son registered through videoconferencing.

The ruling by justice N Nagaresh would come to the aid of couples who left India without executing a power of attorney in favour of their parents and are now unable to get their marriages registered even through videoconferencing.

A petition (WP-C No. 11789/2021) filed by Raphy Anthony Chalakkal of Thrissur, through advocate G Harikumar, seeking marriage registration through videoconferencing for his son Steffin Raphy and daughter-in-law Rachel Teresa was considered by the court. The couple got married on November 30th last year, is now stuck in Dubai due to COVID-19, and have a baby due in August. To obtain passport for the child, registration of marriage is mandatory as UAE law requires so, the father pleaded.

Thrissur Corporation’s counsel argued that the husband and wife are not parties in the petition and the petitioner does not hold a power of attorney of his son or daughter-in-law. Therefore, the petition should not be entertained, the counsel contended.

After perusing the certificate of marriage issued by the church and the marriage photograph, the court said there is no reason to disbelieve that the marriage was solemnized.

Referring to the high court’s earlier judgments allowing marriage registration through videoconferencing on petitions filed by power of attorney holders, the court said the facts in those cases are similar to the present one and ordered for conducting marriage registration through videoconferencing.

The judgments referred to by the court were Mathew TK Vs. Secretary and Registrar of Marriages, Alappuzha and Another of 2020 and Pradeep Kodiveedu Cletus Vs. Local Registrar of Marriages (Common) of 2018.

Read Order here:

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