The Delhi High Court has directed the Government of the National Capital Territory of Delhi (GNCTD) to introduce an online registration facility for Muslim marriages on its official portal within a specific timeline, marking a significant step toward facilitating marriage registration for those married under Islamic law.
In an order issued on November 6, 2024, the bench of Justice Sanjeev Narula instructed the Chief Secretary of GNCTD to personally supervise the development and implementation of this online mechanism, underscoring the need for timely compliance. This directive followed a petition filed by a Muslim couple who had married according to Islamic Sharia law on October 11, 2023. The couple’s intent to travel abroad required them to present a legally recognized marriage certificate, which certain countries mandate for visa issuance. However, due to the absence of a registration option for marriages under Muslim Personal Law on the GNCTD’s online portal, the couple found themselves registering under the Special Marriage Act, 1954, a decision they argued contradicted their faith and personal beliefs.
During the hearing, Advocate M. Sufian Siddiqui, representing the petitioners, argued that the GNCTD’s current registration options effectively excluded Muslim marriages by limiting choices to the Hindu Marriage Act, 1955, or the Special Marriage Act, 1954. “The Petitioners were subjected to an exclusionary marriage registration system that did not accommodate Muslim marriages under the Delhi (Compulsory Registration of Marriage) Order, 2014, thus infringing upon their constitutional rights under Articles 14, 21, and 25 of the Indian Constitution,” Siddiqui submitted. The lack of both an offline alternative and a suitable online mechanism for registering Muslim marriages, he asserted, compelled the petitioners to register under a statutory regime incompatible with their faith and intent.
The Court took note of the petitioners’ situation, recognizing that they were married according to Islamic Sharia law. Subsequently, on July 9, 2024, they executed a Mubarat Nama, a form of divorce by mutual consent acknowledged under Islamic law. This petition was accompanied by affidavits from both parties, verified by their counsel. The petitioners contended that, under the circumstances, they should not have been required to register their marriage under the Special Marriage Act, 1954, and that the GNCTD’s registration framework had mistakenly forced them to do so due to the lack of an effective online option for marriages solemnized under Muslim Personal Law.
Justice Narula’s ruling annulled the marriage registration certificate that had been issued to the couple by the Revenue Department, GNCTD. The Court instructed the relevant Sub-Divisional Magistrate (SDM) to make necessary adjustments to official records, ensuring that the petitioners’ marital status is recorded accurately and in alignment with Islamic Personal Law. The Court emphasized the urgent need to implement a fair registration system inclusive of Muslim marriages to prevent future instances of statutory non-compliance and faith-based constraints.
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In a notable observation, the Court referred to a previous judgment on July 4, 2024, which had similarly underscored the requirement for the GNCTD to accommodate marriages conducted under Muslim Personal Law within its registration framework. However, since then, the GNCTD had made no substantial progress in fulfilling this mandate. Citing the delay, the Court ordered the Chief Secretary to take personal responsibility for overseeing the swift implementation of the online registration mechanism, thereby enabling all citizens to exercise their rights without facing administrative roadblocks due to religious considerations.
This ruling holds significance as it highlights the importance of providing accessible, non-discriminatory public services while upholding the constitutional rights of individuals to practice and adhere to their faith. It underscores the judiciary’s role in ensuring governmental accountability and inclusivity within public systems, particularly concerning matters of personal law and religious freedoms.
The GNCTD is now tasked with not only ensuring compliance with this directive but also setting a precedent in creating inclusive administrative frameworks that honor the diverse social and legal structures present in India. By instituting an online registration facility for Muslim marriages, GNCTD can provide a fair, accessible, and efficient system that aligns with constitutional mandates and the cultural rights of all citizens.
