Delhi High Court Issues Notice On NRI Couple's Plea Seeking Registration Of Marriage Via VC

The Delhi High Court on Friday issued notice on a plea seeking exemption from physical appearance for Marriage Registration of NRI couple.

Justice Rekha Palli has issued notice to the Standing Counsel (Civil) for Delhi Government and has fixed the case for August 20. The Respondent is directed to file a status report within one week.

The petitioners, represented by Advocate Praveen Gaur, sought permission to virtually appear before the concerned Sub- Divisional Magistrate for registration of their marriage, which was solemnized in New Delhi in 2012.

They claimed that Clauses 4 (d), (e), and Clause 9 of The Delhi (Compulsory Registration of Marriage) Order, 2014 are being misinterpreted to compel the physical appearance of the Petitioners before the Registering Authority by excluding appearance through videoconferencing. The petitioner's case was that if such an interpretation is purported, it will be unreasonable and arbitrary and thus violative of Section 8 of the Hindu Marriage Act, 1955, and Articles 14 and 21 of the Constitution of India.

In 2001, the petitioners' were married in New Delhi in a Hindu Vedic ceremony. After the birth of a son, the petitioners relocated to Singapore, where their daughter was born. The 2014 Order making registration compulsory was passed after their relocation; thereby, they had not applied for a registration certificate as the need for the same did not arise.

Now the Petitioners required a registered Marriage certificate issued by the local authority of the place in which they were married, for application of Green Card in the USA as required by the United States Citizenship & Immigration Services. In the case of the petitioners, the authority will be Sub Divisional Magistrate Punjabi Bagh.

They stated that due to the severe outbreak of the Delta variant of the COVID-19 virus in India and subsequent travel ban by the Indian and United States Government, the Petitioners could not come to India to get the registration done in person.

The Petitioners have been unable to submit their online marriage registration application as the same requires possession of an Aadhaar Card Voter ID card. Since the Petitioners are not residents of India, they do not have the requisite documents. The portal advises the applicant to apply at any counters at "Tehsil/Sub-Division Office" if the applicant does not possess either.

However, when the advocate of the parties went to the counter of the SDM, the counter refused to accept the physical form, informing that the said advisory was only till the level of the Tehsildars office.

After that, the Petitioners filed a representation before SDM, Punjabi Bagh, through their advocate for accepting the form in physical form and exemption from personal appearance for marriage registration on June 30, 2021. However, they have not received any response in this regard.

Also Read: Kerala High Court Permits Registration Of Marriage Of Couple Residing Abroad Through VC, Without Insisting On POA

Case Title: Reena Chadha & Anr. v. GNCTD