Currently, the Delhi government’s marriage registration portal offers only two options to register a marriage – one under the Hindu Marriage Act and the other under the Special Marriage Act.
The Delhi High Court has recently asked the Delhi government to add an option on its e-portal for registering Muslim marriages online [Faizan Ayubi & Anr. vs GNCTD & Anr.].
Justice Sanjeev Narula instructed the Chief Secretary of the Delhi government to make sure that online registration for Muslim marriages is set up and working.
The Court had given a similar order on July 7 in a different case.
However, it was pointed out in this case that the government still hasn’t taken any action on this.
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 this case, a Muslim couple married under Sharia law but accidentally registered their marriage online under the Special Marriage Act (SMA) on the Delhi government’s portal.
The couple claimed this mistake happened because the e-portal lacks an option to register marriages under Muslim Law, as required by the Delhi (Compulsory Registration of Marriage) Order, 2014.
It was pointed out that the online portal currently only provides two registration options—one under the Hindu Marriage Act and the other under the SMA.
Advocate Sufian Siddiqui, representing the Muslim couple, argued that the lack of both an offline alternative and a suitable online option under the Delhi (Compulsory Registration of Marriage) Order, 2014 has effectively pushed the couple into a legal framework that conflicts with their religious beliefs and intentions.
He argued that this situation constitutes a serious violation of their constitutional rights under Articles 14, 21, and 25 of the Constitution.
Due to marital issues, the couple is now seeking to cancel the incorrect registration under the SMA and dissolve their marriage according to Muslim Law.
The Court granted their request and nullified the 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.