NEW DELHI: The Delhi High Court has instructed the city government to introduce an online registration system specifically for Muslim marriages on its official platform. This directive comes with a strict timeline, emphasising the importance of expeditious compliance.
The ruling, delivered by Justice Sanjeev Narula, mandates the Delhi chief secretary to personally oversee the establishment of the registration system.
The decision stems from a petition by a couple who wed under Islamic Sharia law on October 11, 2023, and sought to register their marriage for visa purposes required by certain countries.
Due to the current system’s limitations, which only accommodates marriages under the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954, the couple was compelled to register under the latter.
Representing the petitioners, advocate M. Sufian Siddiqui argued that the city government’s marriage registration system effectively excluded Muslim marriages, violating fundamental rights enshrined in Articles 14, 21, and 25 of the Constitution.
He further contended that the absence of an alternative under the Delhi (Compulsory Registration of Marriage) Order, 2014, imposed a statutory framework on the petitioners contrary to their beliefs.
Highlighting the couple’s case, the Court noted that after their marriage under Islamic Sharia law, they executed a Mubarat Nama—an Islamic mutual divorce deed—on July 9. The couple, seeking to respect their religious practices, asserted that they should not have been bound by the Special Marriage Act, which led to procedural complications.
In its order issued on November 6, the Court annulled the marriage registration certificate initially issued under the Special Marriage Act by the city government’s Revenue Department.
It also directed that the record be amended accordingly. Further, the Court expressed concern over the lack of action following an earlier judgment on July 4, calling on the government to initiate steps for compliance.