Delhi HC Directs Delhi Government To Facilitate Marriage Registration Of Muslims And Christians Under The Compulsory Registration of Marriage Order
|The Delhi High Court has directed the Government of NCT of Delhi to take necessary steps to enable the registration of marriages for Muslims and Christians under the Compulsory Registration of Marriage Order, 2014.
The Court said that the lack of infrastructure perpetuates the difficulties in fulfilling legal obligations while obtaining visas or asserting rights dependent on official marriage recognition.
The Court was hearing a Writ Petition seeking a mandamus directing the Government of NCT of Delhi to register the marriage of Petitioners.
The bench of Justice Sanjeev Narula directed, “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.”
Advocate Sumant Narang appeared for the Appellant and Advocate Vishal Chanda appeared for the Respondent.
Brief Facts-
In the present case, the Petitioners who were married under Islamic customs were seeking to apply for a Parental visa to Canada, where their two children reside. The visa application requires a marriage registration certificate. They attempted to register their marriage under the Delhi (Compulsory Registration of Marriage) Order, 2014, but the Delhi Government Marriage Registration e-portal only offered options for the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954. Their physical application using Form-A as per the 2014 Order was also not processed. Hence, this Writ Petition.
The Court noted the respondent authorities’ reply which suggested that the Petitioners, being Muslim, could apply for the registration of their marriage under the Special Marriage Act and observed, “the Petitioners’ marriage is not an inter-faith union but was solemnised under Muslim Personal Laws. As such, it constitutes a Muslim marriage.”
The Court further noted that the Petitioners intend to avail themselves of the provisions of the Compulsory Registration of Marriage Order, 2014, specifically designed to facilitate the registration of such marriages. According to the Court their preference to register under the Order, rather than the Special Marriage Act, aligns with the nature of their marriage.
The Court took note of the administrative constraints as informed by the respondent to resolve the issues and said, “The responsibility for updating the portal rests with the IT Department/Marriage Branch of the Revenue Department and the Office of the Divisional Commissioner/Principal Secretary Revenue, Government of NCT of Delhi.”
Moreover, the Court found that the cited order pertains only to the Hindu Marriage Act and the Special Marriage Act, and thus does not apply to the current case involving a marriage under Muslim Personal Law.
The Court further noted that despite assurances given under an earlier Petition that appropriate administrative instructions would be issued to address the registration issues faced by parties whose marriages are solemnised under Muslim Personal Laws or Christian Personal Laws, as per the Compulsory Registration of Marriage Order, 2014 appropriate administrative instructions have yet to be given.
Accordingly, the Court directed the registration of Muslim Couple under the order as well as instructed the Govt. of NCT of Delhi 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.
Finally, the Court disposed of the Petition.
Cause Title: Rehan Elahi & Anr. v. Govt. of NCT of Delhi
Appearance:
Appellant: Adv. Sumant Narang, Adv. Aditya Singh and Adv. Bhavya Nakra
Respondent: Adv. Vishal Chanda and ASC Udit Malik