High Court Directs GNCTD on Muslim Marriage Registration – Faizan Ayubi Judgment

High Court Directs GNCTD on Muslim Marriage Registration – Faizan Ayubi Judgment

The Delhi High Court, in a significant ruling on 06 November 2024, annulled the marriage registration of a Muslim couple that was mistakenly registered under the Special Marriage Act, 1954 (SMA).

Question Before the Court

1. Whether the SMA marriage registration certificate issued to the petitioners should be annulled since the marriage was performed under Muslim Personal Law?

2. Whether the Delhi Government has complied with the earlier Delhi High Court ruling (Rehan Elahi v. GNCTD, W.P.(C) 9348/2023, decided on 04 July 2024) which directed the State to provide an online mechanism for registering marriages under Muslim Law?

Delhi High Court Annuls SMA Marriage Registration in Faizan Ayubi v. Govt. of NCT of Delhi

The judgment, delivered by Justice Sanjeev Narula, addresses the intersection of Muslim Personal Law and statutory marriage registration requirements in Delhi.

Case Details

• Court: High Court of Delhi at New Delhi

• Case No.: W.P.(C) 11685/2024 & CM APPL. 64410/2024

• Date of Order: 06 November 2024

• Judge: Hon’ble Mr. Justice Sanjeev Narula

• Petitioners: Faizan Ayubi & Anr. (through Advocates Mr. M. Sufian Siddiqui, Mr. Rakesh Bhugra, Mr. Niyazuddin)

• Respondents: Govt. of NCT of Delhi & SDM Defence Colony/Marriage Officer (through Mr. Udit Malik, ASC with Mr. Vishal Chanda, Advocate)

Background

1. Petitioners solemnised their marriage on 11 October 2023 under Islamic Sharia Law.

2. Since they needed a registered marriage certificate for visa purposes, and there was no effective online mechanism for registration of marriages solemnised under Muslim Personal Law (under the Delhi (Compulsory Registration of Marriage) Order, 2014), they registered their marriage under the Special Marriage Act, 1954 (SMA).

3. Later, due to irreconcilable differences, they executed a Mubarat Nama (mutual divorce under Islamic Law) on 09 July 2024.

4. Realising that registration under SMA created legal complications (as dissolution under SMA requires proceedings under Section 28 SMA), they withdrew their Family Court petition and approached the High Court under Article 226 of the Constitution, seeking:

   • Quashing of the Marriage Registration Certificate dated 15 May 2024 (issued under SMA).

   • Directions to GNCTD to implement the earlier HC judgment (04 July 2024, in Rehan Elahi v. Govt. of NCT of Delhi W.P.(C) 9348/2023), which had directed Delhi Govt. to facilitate online registration of Muslim marriages.

Details of the Case

• Marriage solemnised under Sharia: The petitioners, Faizan Ayubi and his wife, were married on 11 October 2023 according to Islamic Sharia Law.

• Visa requirement led to SMA registration: Since the couple needed a legally registered marriage certificate for visa purposes, and the Delhi Government’s online portal lacked a facility to register Muslim marriages under the Delhi (Compulsory Registration of Marriage) Order, 2014, they were constrained to register their marriage under the SMA.

• Irretrievable breakdown of marriage: Later, the couple mutually agreed to separate and executed a Mubarat Nama (mutual divorce under Islamic Law) on 09 July 2024.

• Legal complication: Because the marriage was officially registered under the SMA, its dissolution required proceedings under Section 28 of SMA. The petitioners filed a case before the Family Court, Saket, but later withdrew it due to these complexities.

• Approach to High Court: The petitioners filed a writ petition under Article 226 of the Constitution, seeking annulment of their SMA marriage certificate dated 15 May 2024 and directions to the Delhi Government to implement earlier court orders on Muslim marriage registration.

Proceedings

• On 23 August 2024, the Court issued notice and directed GNCTD to file a status report within 4 weeks.

• On 06 November 2024, GNCTD had not filed any status report.

• Court heard Petitioners’ counsel and considered affidavits submitted by both Petitioners confirming their mutual divorce under Sharia.

Court’s Observations

• Petitioners had married under Islamic law, not under SMA.

• Their registration under SMA was a mistake, forced by the lack of an online facility under the 2014 Delhi Order.

• Since they had already dissolved their marriage via Mubarat Nama, SMA had no application.

Notes Observations

• The Court noted that the petitioners’ marriage was solemnised under Islamic Sharia Law, not under the SMA.

• Registration under SMA happened only because of the absence of an online facility under the 2014 Delhi Order.

• Since the couple had already executed a Mubarat Nama, dissolution was governed by Muslim Personal Law, not by the provisions of the SMA.

• Continuing the SMA registration would impose unnecessary legal consequences on the petitioners.

Directions Issued

1. Marriage Certificate Annulled:

   • The registration certificate dated 15 May 2024 (Annexure P-1) issued under SMA is annulled.

   • Respondent No. 2 (SDM/Marriage Officer) must make appropriate changes in official records.

2. Implementation of Previous Judgment:

   • The Court noted non-compliance with its earlier directions in Rehan Elahi v. GNCTD (04 July 2024).

   • Chief Secretary, GNCTD is directed to personally ensure compliance of the said judgment in a time-bound manner.

3. Disposition:

   • Petition is disposed of with above directions.

   • Copy of order to be sent to Chief Secretary, GNCTD.

Understanding Judgment and Direction

1. Marriage Certificate Annulled

   • The Court annulled the marriage registration certificate dated 15 May 2024 issued by the SDM Defence Colony/Marriage Officer under the SMA.

   • The SDM was directed to make necessary changes in official records.

2. Implementation of Previous Judgment

   • The Court expressed concern that the Delhi Government had not complied with its earlier order in Rehan Elahi v. GNCTD (04 July 2024).

   • The Chief Secretary of GNCTD was directed to personally ensure compliance and implement an effective mechanism for registration of Muslim marriages online in a time-bound manner.

3. Petition Disposed

   • With these directions, the writ petition was disposed of.

   • A copy of the order was directed to be sent to the Chief Secretary, GNCTD.

Legal Point

• The Delhi High Court annulled a marriage registration under SMA when the marriage was originally performed under Muslim Personal Law and later dissolved through Mubarat Nama.

• The Court recognised the mistake caused by absence of an online system for registration of Muslim marriages under the Delhi (Compulsory Registration of Marriage) Order, 2014.

• The judgment reinforces the need for the Delhi Government to implement facilities for personal law-based marriage registration, as already directed in earlier cases.

Notes

• The Delhi High Court recognised that marriages solemnised under Muslim Personal Law should not be forced under the Special Marriage Act, especially when dissolution has already taken place under Islamic Law.

• The judgment highlights the gap in Delhi’s marriage registration system, as there is still no dedicated online facility for registering Muslim marriages despite repeated judicial directions.

• The ruling ensures that individuals who marry under personal laws are not burdened with unnecessary statutory consequences under the SMA.

• This case strengthens the recognition of Mubarat Nama (mutual consent divorce) as a valid form of dissolution under Islamic Law.

Conclusion

The decision in Faizan Ayubi & Anr. v. Govt. of NCT of Delhi & Anr. sets an important precedent for Muslim couples in Delhi who face procedural challenges in registering their marriages.

By annulling the mistakenly registered SMA certificate and directing the Delhi Government to act on previous judicial orders, the High Court reaffirmed its commitment to ensuring that marriage registration processes align with personal laws and constitutional rights.