Urdu Language Not Widely Known, 'Nikahnama' Should Also Contain Hindi/ English To Make It Comprehensible: Rajasthan High Court

In relation to Muslim marriages, Rajasthan High Court ruled that a sacred relationship like marriage had to be recognized by a document which was unambiguous, vividly clear, explicit and transparent, and should not be issued in a language like Urdu which was not widely known to a society, especially to public servants and officers of the Court.

The bench of Justice Farjand Ali held that it would help in resolving complexities if the printed proforma of a Nikah Nama contained Hindi or English.

Furthermore, the Court also observed that the District Magistrate/ Collector of every city should keep a register with a record of individuals who could perform Nikah-Nama and only such people shall be eligible to perform the ceremony of Nikah.

“At this juncture, it is thought that the persons indulged in the task of performing Nikah-Nama should not issue a certificate in language not widely known to a society, more particularly to the public servants and officers of the Court. This Court is of the perspective that District Magistrate/ District Collector of each city should keep a record of the persons who can perform Nikah-Nama and they should be enlisted in a separate file; only those people shall be eligible to perform the ceremony of Nikah; not every Tom, Dick & Harry.”

The Court was hearing a petition challenging the filing of an FIR. While going through the file, the Court noticed that the petitioners had placed reliance on a Nikah-Nama which was in Urdu and observed that in absence of its knowledge of Urdu, the same was not comprehensible.

In this background, the Court opined that Nikah-Nama could be taken as evidence, but when the content of such Nikah-Nama was incomprehensible to Government employees, public/private institutions, several other departments, etc, it would create problems and may increase complexities. Hence, this required regulation.

Hence, it was stated that firstly, Collector/ District Magistrate of every district must maintain a record of persons who could perform Nikah-Nama and only such individual should be eligible to perform Nikah. And secondly, persons indulged in performing Nikah, should not issue the Nikah-Nama in a language that was not widely known. It would help if the certificate contained Hindi or English.

Accordingly, the Court directed the counsel appearing for the State in the case to deliberate on the issue with senior officers of Department of Minority Affairs and inform the outcome to the Court in next hearing. The Secretary, Department of Home Affairs was also directed to be present in the next hearing.

Title: Adnan Ali & Ors. v State of Rajasthan & Anr.

Click Here To Read/Download Order