Delhi HC allows virtual registration of marriages

Justice Palli highlighted that if the judicial system did not switch to video conferencing it would come to a grinding halt in an apparent reference to the Covid-19 pandemic that led to the suspension of physical hearings in all courts across the country.

Delhi high court lent its support to virtual appearance for marriage registration citing that web portals and video conferencing have almost become the norm. Justice Rekha Palli said the Registering Authority is refusing to recognise this current reality while exercising its power and jurisdiction under the Registration Order.

The court said that at a time when technology aids in uninterrupted communication along with dissemination of information and smooth functioning of society, it cannot be rigid in its interpretation of the statute which will prevent citizens from exercising their rights. (ANI)

Justice Palli highlighted that if the judicial system did not switch to video conferencing it would come to a grinding halt in an apparent reference to the Covid-19 pandemic that led to the suspension of physical hearings in all courts across the country. “If not for the acceptance of video conferencing as the norm, this court and the judicial system in this country would have come to a grinding halt, and would not have been able to function at a time when there was the greatest need for the citizens of this country to have access to justice,” Justice Palli said, according to a report by news agency PTI.

“ These aspects appear to have been simply overlooked by the Registering Authority, who's continuing to insist that the parties must remain present physically before him,” the court said.

The court said that at a time when technology aids in uninterrupted communication along with dissemination of information and smooth functioning of society, it cannot be rigid in its interpretation of the statute which will prevent citizens from exercising their rights. It said that insistence of physical appearance at a time when the personal appearance of parties can be secured through video conferencing will make it cumbersome for them to come forward for registration of their marriages.

“I cannot also overlook the fact that The Delhi (Compulsory Registration of Marriage) Order, 2014 is welfare legislation, promulgated at the instance of the Supreme Court to encourage registration of marriages,” Justice Rekha Palli further said.

“The insistence of physical appearance even when their personal appearance can be easily secured through video conferencing will definitely make it more cumbersome for parties to come forward for registration of marriages. This will negate the very purpose of enactment of the Registration Order and cannot be permitted,” the Delhi high court said.

The court said that welfare legislation should be interpreted in a way that the objective for which the statute was put into effect is fulfilled and there must be no unnecessary obstacle to the beneficiaries when it comes to receiving the benefits of the statute. “Keeping in view the fact that the issuance of the registration order is to promote the registration of marriages, I am of the considered view that Clause 4 must be interpreted in such a manner that encourages parties to easily get their marriages registered,” the court observed.