Delhi High Court directs State to provide option for online registration of Muslim marriages

The Delhi High Court recently directed the Delhi government to create an option on the government's e-portal for online registration of Muslim marriages [Faizan Ayubi & Anr. vs GNCTD & Anr.]..Justice Sanjeev Narula directed the Chief Secretary of Government of NCT of Delhi (GNCTD) to personally oversee the implementation of online registration marriages solemnised under Muslim law.The Court had issued a similar direction on July 7 in another case.However, it was pointed out in the current case that the government has not taken any steps in this regard to rectify this issue.Hence, it directed the following:“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.” .In the present case, a Muslim couple had solemnized their marriage under Sharia law but had mistakenly registered their marriage under the Special Marriage Act (SMA) on the online marriage portal under the Delhi government. The couple alleged that this mistake occurred due to the absence of an option on its e-portal for registration of marriages under Muslim Law as mandated under the Delhi (Compulsory Registration of Marriage) Order, 2014.It was submitted that the online portal offers only two options for marriage registration - one under the Hindu Marriage Act and the other under SMA.Advocate Sufian Siddiqui, appearing for the Muslim couple, submitted that the absence of both an offline alternative and an appropriate online option under the Delhi (Compulsory Registration of Marriage) Order, 2014 has effectively forced the petitioners into a statutory regime that is antithetical to their religious beliefs and intentions.This is a gross violation of their constitutional rights under Articles 14, 21 and 25 of the Constitution, it was argued..Due to marital discord, the couple sought quashing of the erroneous registration under the SMA as well as dissolution of their marriage under Muslim Law.The Court acceded to the request and annulled their marriage.“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,” the single-judge ordered..Advocates M Sufian Siddiqui, Rakesh Bhugra and Niyazuddin appeared for Faizan Ayubi.Additional Standing Counsel Udit Malik with advocate Vishal Chanda appeared for the State.[Read order]