No HC relief in Kerala interfaith marriage

5 months ago 38
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KOCHI: Stating that there can be no concession under the

Special Marriage Act

without an amendment, the

Kerala

high court has rejected a Pallakad-based bride’s plea to either waive the 30-day

notice period

for her

marriage

to a man of another religion or permit a “digital” registration process as a special case.
Shitha VK, the

petitioner

, had a private wedding on January 15, but the interfaith marriage doesn’t have legal sanction because the couple did not inform the registration authorities about it at least 30 days in advance.
In a petition filed through advocate M Kabani Dinesh, Shitha asked for a waiver of the notice period on the ground that she had to visit the UK for her admission to a postgraduate course there.
As an alternative, she sought permission to legalise the marriage online. Justice PV Asha said the court couldn’t issue any directive to legalise an interfaith marriage in the absence of both parties near the registration officer and witnesses. “The period prescribed for each of the steps leading to the solemnisation of marriage warrants strict interpretation, and there cannot be a relaxation. The minimum waiting period should, therefore, be 30 days.
The contention of the petitioner that she does require the marriage to be solemnised only on completion of 30 days, but only in digital mode, cannot be permitted as there is no provision in the Act which permits the same.”

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