High Court Directs Chief Secretary Of Delhi Government To Ensure Facility For Online Registration Of Muslim Marriages
The Delhi High Court has issued a directive to the Chief Secretary of the Delhi government to ensure that its earlier direction to create an option on its e-portal for the online registration of Muslim marriages is complied with in a timeboud manner.
The petitioners, a Muslim couple, had mistakenly registered their marriage under the Special Marriage Act (SMA) through the Delhi government’s e-portal, which did not have an option for registering marriages under Muslim law, as per the Delhi (Compulsory Registration of Marriages) Order, 2014.
The Court had noted in an earlier interim order in the matter that in July, 2024, in a separate case, the Court had ordered the creation of an online registration facility.
A Bench of Justice Sanjeev Narula directed, "As regards the implementation of the judgment of this Court dated 04th July, 2024 is concerned, since Respondents have not indicated any concrete steps in implementing the said judgment, it is directed that the Chief Secretary, GNCTD, shall personally look into this issue to ensure compliance of the said judgment in a time bound manner."
Advocate Sufian Siddiqui appeared for the Petitioners and Additional Standing Counsel Udit Malik appeared for the Respondents.
The couple's legal representative argued that the absence of both an offline alternative and an online registration option for Muslim marriages had forced the couple to register their marriage under the SMA, even though this was contrary to their religious beliefs and intentions. The lawyer argued that this situation violated the couple’s fundamental rights under Articles 14 (Right to Equality), 21 (Right to Life and Personal Liberty), and 25 (Freedom of Religion) of the Indian Constitution.
The couple's marriage, solemnized under Sharia law, was registered incorrectly under the SMA, and as a result, the petitioners sought the quashing of the erroneous registration and the dissolution of their marriage under Muslim law.
The Court, acknowledging the concerns raised, ruled in favor of the petitioners and annulled the marriage.
Furthermore, the Delhi High Court emphasized the need for the Delhi government to take immediate action to comply with the earlier directions issued in a similar case. The Court directed, "As regards the implementation of the judgment of this Court dated 04th July, 2024 is concerned, since Respondents have not indicated any concrete steps in implementing the said judgment, it is directed that the Chief Secretary, GNCTD, shall personally look into this issue to ensure compliance of the said judgment in a time bound manner."
Cause Title: Faizan Ayubi & Anr. v. GNCTD & Anr.
Appearance:
Petitioners: Advocates M. Sufian Siddiqui, Rakesh Bhugra, and Niyazuddin
Respondents: Additional Standing Counsel Udit Malik and Advocate Vishal Chanda.
