The Delhi High Court has directed the Chief Secretary to the Delhi Government to ensure that marriages solemnized under Muslim Personal Law are registered online as required by the Delhi (Compulsory Registration of Marriage) Ordinance, 2014.

Justice Sanjeev Narula directed the chief secretary to personally look into the matter and ensure compliance with a July 4 judgment ordering the Delhi government to take immediate steps to allow registration of Muslim marriages on the government’s online portal .

“With regard to the implementation of the judgment of this Court dated July 4, 2024, the defendants having not indicated any concrete measures in the implementation of the said judgment, it is ordered that the Chief Secretary, GNCTD will personally examine this matter to ensure compliance of the said judgment within a time-limited period,” the Court said.

Justice Narula ruled on a petition filed by a Muslim couple seeking annulment of their marriage certificate carried out by the SDM under the Special Marriage Act.

According to the couple, the Special Marriage Act would not apply in this case. They said they had mistakenly registered their marriage under the said enactment in the absence of an effective online mechanism for registration of Muslim marriages.

Lawyer M Sufian Siddiqui, representing the couple, argued that the petitioners were subject to an “exclusionary marriage registration system” mandated by the Delhi government which allowed only two options: registration under of the Hindu Marriage Act, 1955 or the Special Marriage Act, 1954. on its online portal.

He contended that the absence of an offline alternative or a suitable online option under the Delhi (Compulsory Registration of Marriage) Ordinance, 2014, had effectively forced the couple to adopt a statutory regime contrary to their faith and intentions, which violated their constitutional rights under Articles 14 and 21., and 25 of the Constitution of India.

Granting relief to the couple, the Court ordered that the registration certificate issued by the Department of Finance, Delhi government be cancelled.

“With the above instructions, the present petition is disposed of. A copy of this order be sent to the Chief Secretary, GNCTD,” the Court said.

Counsel for the applicants: MM Sufian Siddiqui, Mr Rakesh Bhugra and Mr Niyazuddin, lawyers

Counsel for the respondents: Mr. Udit Malik, ASC with Mr. Vishal Chanda, GNCTD advocate

Title: FAIZAN AYUBI & ANR v. THE GOVERNMENT OF NCT OF DELHI & ANR.

Click here to read the order