The Rajasthan High Court has emphasized that Nikah-Namas, the marriage documents in Muslim weddings, must be unambiguous, explicit, and issued in a language widely understood, such as Hindi or English, instead of Urdu, which is not commonly known among public servants and judicial officers.

The Single-Bench of Justice Farjand Ali underscored that regulating the process of documenting Muslim marriages would help address complexities arising from unclear or inaccessible documents.

The Court suggested that printed proformas of Nikah-Namas should include Hindi or English for better comprehension.

Advocate M.A. Siddiqui appeared for the petitioner, and AAG B.L. Bhati appeared for the State of Rajasthan.

"This Court invites Shri B.L.Bhati, AAG and Shri Deepak Chandak, AGA who representing the Department of Home, State of Rajasthan and asked them to deliberate the issue with the Senior Officers in the Department of Minority Affairs. Shri Bhati and Shri Chandak agrees to the proposition that in case the State authorities would issue guidelines/circular directing all Qazis, Maulanas, or other persons who can perform Nikah ceremony to the effect that the certificate of Nikah (Nikah-Nama) shall be issued in diglot, in which one of the language should be either English or Hindi, and if it happens so, it would cause ease to all the public servants, officers of the court and the police officers, etc. to understand the matter," the Court ordered.

The Court further recommended that District Magistrates or Collectors maintain a register of authorized individuals permitted to perform Nikah ceremonies. Only those listed in this register should be eligible to conduct Nikah ceremonies to prevent unauthorized persons from issuing marriage certificates.

"Individuals performing Nikah should not issue certificates in a language not widely known in society, especially to public servants and court officials. A transparent process will reduce complexities," the Court observed.

The comments arose during the hearing of a petition challenging the filing of an FIR, where the petitioners submitted a Nikah-Nama written in Urdu. The Court noted that in the absence of familiarity with Urdu, the document was incomprehensible, complicating legal and administrative proceedings.

The Court directed the State’s counsel to discuss the issue with senior officers of the Department of Minority Affairs and submit their observations during the next hearing. Additionally, the Secretary of the Department of Home Affairs was instructed to be present at the subsequent proceedings.

"The Secretary, Department of Minority Affairs shall also remain present before this court on the next date of hearing. List the matter on 10.12.2024," the Court ordered.

Cause Title: Adnan Ali & Ors. v. The State of Rajasthan & Anr. [Neutral Citation No. 2024:RJ-JD:48187]

Appearance:-

Petitioner: Advocates M.A. Siddiqui, Sikander Khan, Majhar Hussain

Respondent: AAG B.L. Bhati, Advocates Deepak Chandak, Vikram Singh Rajpurohit

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Justice Farjand AliRajasthan High Court

Sukriti Mishra