High Court Directs Delhi Govt's Chief Secy To Enable Online Registration Of Muslim Marriages In Time Bound Manner

The Delhi High Court has directed Delhi Government's Chief Secretary to ensure that marriages solemnized under the Muslim personal law are registered online as mandated by the Delhi (Compulsory Registration of Marriage) Order, 2014.

Justice Sanjeev Narula directed the Chief Secretary to personally look into the issue and ensure compliance of a judgment passed on July 04 directing the Delhi Government to immediately take steps to enable registration of Muslim marriages on the government online portal.

“As regards the implementation of the judgment of this Court dated 04th July, 2024 is concerned, since Respondents have not indicated any concrete steps in implementing the said judgment, it is directed that the Chief Secretary, GNCTD, shall personally look into this issue to ensure compliance of the said judgment in a time bound manner,” the Court said.

Justice Narula disposed of a petition filed by a Muslim couple seeking quashing of their marriage certificate effectuated by the SDM under the Special Marriage Act.

It was the couple's case that the Special Marriage Act would not apply in the case. They said that they had mistakenly registered their marriage under the said enactment in absence of an effective online mechanism for registration of Muslim marriages.

Advocate M Sufian Siddiqui appearing for the couple submitted that the petitioners were subjected to an “exclusionary marriage registration system” mandated by the Delhi Government which allowed only two options—registration under the Hindu Marriage Act, 1955, or the Special Marriage Act, 1954, on its online portal.

He contended that absence of an offline alternative or a suitable online option under the Delhi (Compulsory Registration of Marriage) Order, 2014, effectively coerced the couple into a statutory regime antithetical to their faith and intent which violated their constitutional rights under Articles 14, 21, and 25 of the Constitution of India.

Granting relief to the couple, the Court directed that the registration certificate by the Delhi Government's Revenue Department be annulled.

“With the above directions, the present petition is disposed of. Copy of this order be sent to Chief Secretary, GNCTD,” the Court said.

Counsel for Petitioners: Mr. M. Sufian Siddiqui, Mr. Rakesh Bhugra and Mr. Niyazuddin, Advocates

Counsel for Respondents: Mr. Udit Malik, ASC with Mr. Vishal Chanda, Advocate for GNCTD

Title: FAIZAN AYUBI & ANR v. THE GOVT OF NCT OF DELHI & ANR.

Citation: 2024 LiveLaw (Del) 1215

Click here to read order