Plea Alleges Muslim Marriages Forced To Register Under Special Marriage Act: Delhi High Court Seeks GNCTD's Response

The Delhi High Court on Friday asked the Delhi Government to file its response on a plea alleging that persons marrying under the Islamic Law are being forced to register their marriage under the Special Marriage Act, 1954.

Advocate Utkarsh Singh, appearing for the Petitioner NGO- Dhanak for Humanity, submitted that marriages which are being solemnized under the Islamic law are not being registered under the Compulsory Registration Marriage Order of 2014. As a consequence, parties are required to register their marriage under the Special Marriage Act.

Taking note of the "short and interesting grievance" in the matter, Justice Rekha Palli asked the counsel appearing for GNCTD to seek instructions.

"I fully appreciate that these are two different procedures. Muslim marriages should not be forced to be registered under the SMA. I will seek instructions. However, if there is something to be opposed, I will inform the Court," Advocate Shadan Farasat said.

Accordingly, the Court has granted three weeks' time to the Respondent to file its reply. Rejoinder, if any, shall be filed within 2 weeks.

The petition has been filed on behalf of a Muslim couple from Uttar Pradesh, which was forced to runway to Delhi on account of threat to their lives from their families who are opposed to their marriage.

It is stated that first, the couple first underwent serious trouble to get married and now, they are being forced to register their marriage under the SMA which as per them has "several complications".

The law stipulates a minimum 30 days' notice period for filing of objections to the marriage.

The matter will next appear on October 4. 

Case Title: Dhanak for Humanity v. State of NCT & Ors.