Delhi High Court Criticizes Government For Failing To Enable Marriage Registrations Under Muslim And Christian Personal Laws

Three years after judicial orders were issued, the Delhi government has not provided administrative instructions for registering marriages conducted under Muslim and Christian personal laws on its e-portal, the Delhi High Court observed recently.

Justice Sanjeev Narula, in a July 4 ruling, noted, “Despite assurances, it is troubling that necessary administrative instructions remain unissued nearly three years after the October 4, 2021, order. The ongoing issue highlights a systemic failure.”

The court further remarked, “There is no established procedure, online or offline, for registering marriages under the Compulsory Registration of Marriage Order, 2014, specifically for those solemnized under Muslim or Christian Personal Laws.”

The lack of infrastructure exacerbates the challenges faced by individuals seeking to meet legal requirements, such as obtaining visas or asserting rights dependent on official marriage recognition, the HC stated.

The court was addressing a plea from a couple married under Muslim Personal Law in 1995, who needed a marriage registration certificate for a parental visa to Canada, where their children reside. They sought to register their marriage under the Delhi (Compulsory Registration of Marriage) Order, 2014, through the Delhi government’s e-portal. However, the portal did not support registrations under this order, only under the Hindu Marriage Act and the Special Marriage Act.

The couple then filed a physical application as per the 2014 order, which was also not processed, prompting them to approach the HC.

Justice Narula recalled that in October 2021, the HC had disposed of a similar petition based on the Delhi government’s assurance to issue appropriate administrative instructions for registering marriages under Muslim or Christian Personal Laws as per the 2014 order.

The HC directed that the couple’s marriage registration application be considered under the 2014 order, and a certificate be issued subject to eligibility and proper application. It also instructed the Delhi government’s IT and Marriage Branch to immediately enable such registrations on the online portal.

“This action is necessary to ensure similar issues are promptly resolved, facilitating smoother administrative processes for the public,” the HC added.

The respondents had suggested the couple could register their marriage under the Special Marriage Act, overlooking that their marriage, solemnized under Muslim Personal Laws, did not qualify as an inter-faith union. The couple’s preference to register under the 2014 order aligns with the nature of their marriage, the HC noted.

The court criticized the lack of adequate measures to facilitate marriage registration despite the 2014 order’s issuance.