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Madras High Court Approves Virtual Wedding Of A Tamil Woman

The woman is all set to wed an American citizen of Indian origin

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Madras High Court has given the green signal to a Tamil Nadu woman who is all set to marry an American national of Indian origin through virtual mode.

After hearing a petition filed, Justice G R Swaminathan declared that the right to marriage is a fundamental human right and that sections 12 and 13 of the Special Marriage Act, 1954 should be interpreted to fully realise this right.

According to Section 12(2) of the Act, the parties may choose any format for the marriage ceremony.

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.” Vasmi Sudharshini P N, the petitioner sought direction from the respondent Sub-Registrar, Kanyakumari to solemnize her marriage with Rahul L Madhu through video conference.

She prayed that the wedding should be registered under the Special Marriage Act, 1954 and a marriage certificate should be issued.

The court directed the Sub-Registrar to facilitate the solemnization of the marriage of the writ petitioner with Rahul L Madhu in the presence of three witnesses through virtual mode.

The parties to the marriage are very much having the capacity to marriage, Justice Swaminathan wrote in the judgment and cited a ruling that held that it is not necessary that both the parties must be Indian citizens.


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