Court Orders Registration of Marriage Under Compulsory Registration Order for Muslim Couple.


04 July 2024 Marriage in Muslims >> Marriage Law  

In a significant ruling, the Delhi High Court has directed the registration of a marriage for a Muslim couple under the Delhi (Compulsory Registration of Marriage) Order, 2014. The decision comes as the couple seeks a Parental visa to Canada, which necessitates a marriage registration certificate for their application.

Petitioners No. 1 and No. 2 were married on October 28, 1995, in accordance with Islamic traditions and personal laws. In their efforts to comply with visa requirements, they initially attempted to register their marriage through the Delhi Government’s e-portal. However, the portal only offered registration options under the Hindu Marriage Act and the Special Marriage Act, thereby excluding the requisite option for Muslim marriages under the 2014 Order. Consequently, the couple filed a physical application using the prescribed Form-A, but this was also left unprocessed, prompting them to invoke the writ jurisdiction of the Court under Article 226 of the Constitution of India.

 
 

The Court observed that the respondents, particularly the designated Marriage Officer, lacked a cogent response to the petition. In their reply, the respondents indicated that while the e-portal does not allow registration under the Compulsory Marriage Order, it does facilitate registration under the Special Marriage Act. However, the Court pointed out that this suggestion was inappropriate, as the couple’s marriage is a Muslim union, and they are entitled to register it according to the relevant laws.

The Marriage Officer cited administrative constraints and pointed to the IT Department as responsible for updating the e-portal. Despite the petitioners having included this department in their case, no progress was made in addressing the registration issue.

The Court highlighted a similar case from 2021, where assurances were made regarding the issuance of administrative instructions to facilitate the registration of marriages under Muslim Personal Laws. However, nearly three years later, no such measures had been implemented, indicating a systemic failure to provide adequate services for marriage registration.

In light of these developments, the Court found it necessary to exercise its powers under Article 226, given the State’s failure to fulfill its legal obligations. The petition was thus disposed of with specific directions:
The respondents were ordered to consider the petitioners’ application for marriage registration under the Compulsory Registration of Marriage Order, 2014, and issue a certificate if the application met the stipulated requirements.
The IT Department was directed to take immediate steps to enable registration under the 2014 Order on the online portal, ensuring that similar administrative issues do not recur for future applicants.
This ruling not only aids the petitioners in their visa application process but also underscores the need for streamlined administrative processes to facilitate marriage registration, especially for those under personal laws. The Court’s intervention aims to create a more inclusive system that recognizes and accommodates diverse marriage practices within the legal framework.

  HINDU MARRIAGE ACT, 1955    Special Marriage Act, 1954