Madras HC okays virtual marriage of TN bride, US groom

MADURAI:  A Tamil bride and an American groom received a pre-wedding gift from the Madurai Bench of the Madras High Court on Thursday in way of permission to marry virtually. Vasmi Sudarshini from Kanniyakumari and Rahul L Madhu, an American national, had fallen in love and decided to tie the knot. Rahul came down to India and the couple submitted a joint application at Manavalakurichi sub-registrar office on May 5, 2022, under Section 5 (notice of intended marriage) of the Special Marriage Act, 1954, and a notice was published a  week later.

Following the mandatory 30-day period, the couple went to the registration office hoping that their marriage would be solemnised. But the sub-registrar did not proceed further, and Rahul had to return to the U.S. owing to Visa requirements. Thus, Vasmi filed a petition before the High Court to enable her and Rahul to marry virtually and secure a marriage certificate.

Justice GR Swaminathan opined that the “default” committed by the authority should not result in prejudicial consequences for the couple. “Right to marry is a fundamental human right and Sections 12 and 13 of the Special Marriage Act, 1954, should be so construed as to effectuate this right,” the judge said.

“Section 12 (2) of the Special Marriage Act states that the marriage may be solemnized in any form which the parties may choose to adopt. In this case, the parties have chosen the online mode. Since the law has to keep pace with the march of technology, the choice of the parties herein very much passes legal muster,” the judge observed and directed the sub-registrar to facilitate the solemnisation of the marriage of the petitioner with Rahul in the presence of three witnesses through virtual mode.