Despite judicial orders issued three years ago, the Delhi government had failed to issue administrative instructions for registration of marriages solemnised under Muslim and Christian personal laws on its e-portal, the Delhi High Court recently observed.
A single-judge bench of Justice Sanjeev Narula, in its July 4 order, observed, “In spite of the assurances given, it is disconcerting to observe that appropriate administrative instructions have yet to be issued, nearly three years following the order dated 4th October 2021. The persistence of the issue, as evident in the present case, underscores a systemic failure.”
The court further said, “There appears to be no established procedure — neither online nor offline — for the registration of marriages under the Compulsory Registration of Marriage Order, 2014, particularly for those solemnised under Muslim Personal Laws or Christian Personal Laws.”
The HC said that this “lack of infrastructure” perpetuates the difficulties faced by parties seeking to fulfil legal requirements like obtaining visas or asserting rights “dependent on official marriage recognition”.
The HC was hearing a plea moved by a couple, married under the Muslim Personal Law in 1995, who wanted to apply for a parental visa to Canada, where two of their children currently reside. Their visa application process required them to submit a marriage registration certificate to the consulate of the foreign country. The couple, therefore, sought to register their marriage under the Delhi (Compulsory Registration of Marriage) Order, 2014 issued by the Delhi government’s Revenue Department.
To meet the visa requirements, the couple initially attempted to submit their application for registration of marriage through the Delhi Government’s Marriage Registration e-portal. But their efforts were thwarted as the portal did not provide an option for registration under the 2014 order, and the available options were limited to registration under the Hindu Marriage Act and the Special Marriage Act.
Consequently, the couple opted to file a “physical application” as prescribed by the 2014 order; however, this application too was not processed. They then approached the HC.
Justice Narula observed that the HC, in October 2021, disposed of another similar writ petition, based on the assurance given by the counsel appearing for the Delhi government, “that appropriate administrative instructions would be issued to address the registration issues faced by parties whose marriages are solemnised under Muslim Personal Laws or Christian Personal Laws, as per the Compulsory Registration of Marriage Order, 2014”.
The HC directed that the couple’s marriage registration application be considered under the 2014 order, and a marriage certificate be issued to them subject to fulfillment of the eligibility criteria and their application being in order.
It further instructed the “IT Department/Marriage Branch of the Revenue Department, Government of NCT of Delhi” to immediately take necessary steps to enable registration of marriages under the 2014 order on the Delhi government’s marriage registration online portal.
“This action is imperative to ensure that similar issues are resolved promptly and do not recur, facilitating smoother administrative processes for the public,” the HC added.
The HC said that the respondents, in their reply, had suggested that the couple could apply to register their marriage under the Special Marriage Act, overlooking a “critical aspect” that their marriage is “not an inter-faith union but was solemnised under Muslim Personal Laws”.
The HC said that the couple wanted to avail the provisions of the 2014 order which is “specifically designed to facilitate the registration of such marriages” and their preference to register under this order “aligns with the nature” of their marriage.
The HC said that satisfactory explanation had not been given by the respondents as to why, despite the issuance of the 2014 order, adequate measures had not been implemented to facilitate marriage registration.
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