ARUN R. K. Vs. STATE OF KERALA

JUDGEMENT

(1.) These matters have been placed before us on a reference by the learned Single Judge, Shri P.B.Suresh Kumar in a batch of writ petitions, dtd. 25/8/2021, regarding an authoritative pronouncement on a question related to solemnisation of marriage under the Special Marriage Act, 1954, through Video Conferencing.

(2.) The learned Single Judge passed a detailed order and is of the view that solemnisation of marriage through online under the Special Marriage Act is possible. We reproduce the observations and opinion of the learned Single Judge herewith:

(3.) The Special Marriage Act, 1954 is an ongoing statute. The Court often, while referring to the intent and purpose of the Statute, will have to adopt tools of interpretation in the context of the statute. The Supreme Court in Senior Electrical Inspector vs. Laxmi Narayana Chopra and others [AIR 1962 SC 159] while interpreting the expression 'telegraph line' under the Indian Telegraph Act 1885 held that it would take in the wires used for the purpose of the apparatus of the Post and Telegraph Wireless Station. It is appropriate to refer to the opinion of the Apex Court in giving a wider meaning to the expression 'telegraph line' thus: