DHANYA MARTIN Vs. STATE OF KERALA

JUDGEMENT

(1.) These cases have come up before us to consider a question of importance having far reaching consequence in public governance in the era of technology and digital governance. We, in these matters, are required to decide upon a question of application of existing law to govern relationship in bricks and mortar system to govern the relationship in virtual reality. We cannot hurriedly decide this question. Taking note of the urgency on which we have to address relatable to the plight of the ligitants before us, we proposed to issue this interim order.

(2.) The short question having multitudinal dimension in public governance is this - can solemnisation of marriage or registration of marriage as referred to in the Special Marriage Act, 1954 be permitted through online mode or not?

(3.) A learned Single Judge set out the details in his detailed reference order on 25/8/2021. The learned Single Judge could have decided the matter, but referred to us taking note of the contrary views taken by another learned Single Judge in Dioncey Augustine v. State of Kerala [2019 SCC Online Kerala 13112] and Shitha V.K. v. The District Registrar (General) [W.P.(C).No.3421 of 2021]. The learned Single Judge with all clarity and exposition of law and interpretation of statute was of the firm view that Special Marriage Act is an ongoing statute and provisions therein will have to be interpreted in tune with the time. The learned Single Judge placed reliance on the proposition of law laid down in State of Maharashtra v. Dr.Praful B.Desai [(2003) 4 SCC 601]. We are in respectful agreement with the learned Single Judge and, for the same reasons set out in the order dated 25/8/2021, we uphold this view. However, we will fail in our duty if we do not address the consequence that would be followed on a direction to the Marriage Officer to permit solemnisation and registration of marriage through video conferencing or through online mode. This is for the simple reason that there are no mechanism in place governing implementation of statutory provision in the light of interpretation of law and the meaning assigned to the law in the era of technology and digital governance. If the public administration is not modernised - its structure and function, the law would remain incongruous to defeat the objectives it required to secure.