Take Steps For Online Registration Of Muslim, Christian Marriages Under Compulsory Marriage Order: High Court To Delhi Govt

The Delhi High Court has recently expressed displeasure with the Delhi Government over its failure to issue administrative instructions, despite a judicial order passed nearly three years ago, regarding online registration of marriages solemnized under Muslim and Christian Personal Laws under the Compulsory Registration of Marriage Order, 2014.

Calling it a “systematic failure”, Justice Sanjeev Narula directed Delhi Government's IT Department to immediately take steps to enable marriage registration on the government online portal.

The court observed that on October 04, 2021, a coordinate bench had disposed of a plea on Delhi Government's assurance that appropriate administrative instructions will be issued within two months to redress problems being faced by parties whose marriages are solemnized under the Muslim and Christian Personal Laws.

However, Justice Narula said that inspite of the assurance, the persistence of the issue nearly three years following the judicial order, underscores a systemic failure.

“There appears to be no established procedure — neither online nor offline — for the registration of marriages under the Compulsory Registration of Marriage Order, 2014, particularly for those solemnized under Muslim Personal Laws or Christian Personal Laws,” the court said.

It added: “This lack of infrastructure perpetuates the difficulties faced by parties seeking to fulfil legal requirements, such as obtaining visas or asserting rights dependent on official marriage recognition.”

Justice Narula was dealing with a plea filed by a couple last year who solemnised marriage under Muslim personal law in 1995.

The couple wanted to apply for a Parental visa to Canada, where two of their children were residing. Since the process required them to submit a marriage registration certificate to the consulate of Canada, they sought to register their marriage under the Delhi (Compulsory Registration of Marriage) Order, 2014.

However, the portal did not provide an option for registration of their marriage as the available options were limited to registration under the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954.

While disposing of the plea, the court directed the authorities to consider the couple's application for registration of marriage under the 2014 Order and issue a marriage certificate to them, subject to the application being in order and the couple fulfilling the eligibility criteria.

“Respondent No. 3, the IT Department/Marriage Branch of the Revenue Department, Government of NCT of Delhi, is instructed to immediately take necessary steps to enable the registration of marriages under the Compulsory Registration of Marriage Order, 2014 on the Delhi government marriage registration online portal,” the court further directed.

It added that the action is imperative to ensure that similar issues are resolved promptly and do not recur, facilitating smoother administrative processes for the public.

Counsel for Petitioners: Mr. Sumant Narang, Mr. Aditya Singh and Ms. Bhavya Nakra, Advocates

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

Title: SH. REHAN ELAHI & ANR. v. GOVT OF NCT OF DELHI & ANR.

Citation: 2024 LiveLaw (Del) 791

Click here to read order