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The Kerala High Court has allowed an advocate couple to marry online amid international travel restrictions and a compulsory quarantine period due to the Omicron outbreak.

A bench of Justice N Nagaresh said, "In identical circumstances, when the parties to marriage could not appear before the Marriage Officer physically, due to the pandemic situations prevailing in India and abroad, this Court has passed orders permitting the parties to get their marriage solemnised through virtual mode."

The Advocate had approached the High Court stating that her fiance is also a lawyer but now in the United Kingdom (UK) doing his higher studies, However, due to the outbreak of the Omicron virus, the fiance is not in a position to travel from the U.K. to India. 

Whereas, the petitioner had submitted that there are issues of international travel restrictions and compulsory quarantine period.

The plea had sought direction from the respondents to permit the petitioner and her fiance to conduct the marriage through virtual mode.

However, the counsel appearing for the state contended that a marriage under the Special Marriage Act can be solemnised only after adhering to a period of 30 days notice period.

"Since the notice of intended marriage was given on November 11, 2021 the marriage can be conducted only after that date," he added.

To which the Court observed that, "I find no reason to deny the benefit extended to other parties to the petitioner and her fiance."

The bench has allowed the relief with a condition that the witnesses shall be present before the Marriage Officer and identify the parties who are online.

In case the signature of parties is required, the same shall be affixed by the authorised Power of Attorney of the parties.

In addition to this, the copies of the passport or any other public documents in respect of the parties who appear online shall be provided to the Marriage Officer for identification by the Marriage Officer.

Cause Title: Rintu Thomas Vs. The State of Kerala and Anr.