The Delhi High Court has ordered the Delhi government to implement online registration for Muslim marriages, following a case where a couple mistakenly registered under the Special Marriage Act due to lack of options. The Court emphasized the need for inclusion in the e-portal, aligning it with the relevant religious laws and supporting constitutional rights.
New Delhi: The Delhi High Court has recently directed the Delhi government to create an option on its e-portal to facilitate online registration of Muslim marriages. This directive was issued in the case of Faizan Ayubi & Anr. vs GNCTD & Anr., with Justice Sanjeev Narula mandating the Chief Secretary of the Government of NCT of Delhi (GNCTD) to personally ensure the implementation of online registration for marriages solemnized under Muslim law.
This order from the Delhi High Court follows a similar direction it issued on July 7, in another case, urging the government to rectify this issue. Despite the previous directive, no steps had been taken by the government to create the necessary online registration provision for Muslim marriages, prompting the Court to issue a more stringent order. The Court stated,
“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.”
Case Background: A Mistaken Registration Under the Special Marriage Act
In the present case, a Muslim couple had married under Sharia law but had mistakenly registered their marriage under the Special Marriage Act (SMA) on the Delhi government’s online portal. The couple contended that this error was due to the absence of an option for registering marriages under Muslim Law on the portal, which only offers options for the Hindu Marriage Act and the SMA. This oversight created a legal conflict for the couple, as their beliefs and marital intentions were in line with Sharia law rather than the SMA.
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Advocate Sufian Siddiqui, representing the couple, argued that the lack of both an offline alternative and a suitable online option effectively forced the couple into a statutory framework contrary to their religious beliefs and intentions. He contended that this situation was a gross violation of their constitutional rights, specifically Articles 14 (equality before the law), 21 (right to life and personal liberty), and 25 (freedom of religion) of the Indian Constitution.
High Court Orders Annulment of Erroneous Registration
Due to marital discord, the couple sought annulment of their registration under the SMA as well as dissolution of their marriage under Muslim Law. The Court acceded to their request and annulled the marriage, issuing an order to update the official records.
“The registration certificate dated 15th May, 2021 issued by the Revenue Department, GNCTD, is hereby annulled. Accordingly, Respondent No. 2 shall make appropriate change in their records,”
Justice Narula ordered.
Moving Toward Inclusive Registration Options
This case highlights the need for inclusive registration options that accommodate diverse cultural and religious practices. The Delhi High Court’s directive emphasizes that the government’s e-portal must align with the Delhi (Compulsory Registration of Marriage) Order, 2014, which mandates registration under relevant religious laws, including Muslim Law. By addressing this issue, the Court is working to ensure equal access to legal provisions for all religious communities, supporting both the freedom of religion and the right to personal autonomy in marriage choices
Read the Order here:
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