High Court Directs Delhi Govt’s Chief Secretary To Enable Online Registration Of Muslim Marriages

High Court Directs Delhi Govt’s Chief Secretary To Enable Online Registration Of Muslim Marriages

On 6 November 2024, the Delhi High Court, in the case of Faizan Ayubi & Anr. v. Government of NCT of Delhi & Anr. (W.P.(C) 11685/2024), delivered a significant judgment that addressed a critical gap in the marriage registration system for couples married under Muslim Personal Laws in Delhi.

The court, presided over by Hon’ble Mr. Justice Sanjeev Narula, annulled a marriage registration certificate issued under the Special Marriage Act, 1954 (SMA), and directed the Government of NCT of Delhi (GNCTD) to expedite the implementation of an online mechanism for registering marriages solemnized under Islamic Sharia Law.

Delhi High Court Annuls Erroneous Marriage Registration, Highlights Need for Muslim Marriage Registration System

Case Citation: W.P.(C) 11685/2024 & CM APPL. 64410/2024 Court: High Court of Delhi at New Delhi Coram: Hon’ble Mr. Justice Sanjeev Narula Date of Judgment: 06 November 2024 Parties:

• Petitioners: Faizan Ayubi & Anr.
  • Represented by: Mr. M. Sufian Siddiqui, Mr. Rakesh Bhugra, and Mr. Niyazuddin, Advocates
• Respondents: The Government of NCT of Delhi & Anr.
  • Represented by: Mr. Udit Malik, ASC, with Mr. Vishal Chanda, Advocate for GNCTD

Background of the Case

The petitioners, Faizan Ayubi and another, solemnized their marriage on 11 October 2023 in accordance with Islamic Sharia Law.

To meet visa requirements for international travel, they registered their marriage under the SMA on 15 May 2024, as no effective online system existed for registering marriages under Muslim Personal Laws, as mandated by the Delhi (Compulsory Registration of Marriage) Order, 2014.

However, due to irreconcilable differences, the couple executed a Mubarat Nama (a mutual consent divorce under Islamic law) on 9 July 2024.

The SMA registration posed legal complications for dissolving their marriage under Islamic law. The petitioners initially approached the Family Court, Saket, seeking dissolution under Section 28 of the SMA but withdrew the petition due to the legal complexities.

They then filed a writ petition under Article 226 of the Constitution of India, seeking to quash the SMA registration certificate and urging compliance with a prior court directive to facilitate online registration of Muslim marriages.

• Marriage and Registration:
  • The petitioners solemnized their marriage on 11 October 2023 under Islamic Sharia Law.
  • To meet visa requirements for international travel, they registered their marriage under the Special Marriage Act, 1954 (SMA), as there was no effective online mechanism for registering marriages solemnized under Muslim Personal Laws per the Delhi (Compulsory Registration of Marriage) Order, 2014.
  • The marriage registration certificate was issued on 15 May 2024 by the Sub-Divisional Magistrate (SDM), Defence Colony/Marriage Officer (Respondent No. 2).
• Dissolution of Marriage:
  • Due to irreconcilable differences and an irretrievable breakdown of marriage, the petitioners executed a Mubarat Nama (mutual consent divorce under Islamic law) on 09 July 2024.
  • Realizing that their SMA registration created legal complications for dissolving the marriage under Islamic law, they approached the Family Court, Saket, seeking dissolution under Section 28 of the SMA. This petition was withdrawn due to the legal complexities arising from the SMA registration.
• Legal Issue:
  • The petitioners approached the Delhi High Court under Article 226 of the Constitution of India, seeking:
    • Quashing of the Marriage Registration Certificate dated 15 May 2024, issued under the SMA.
    • Implementation of a prior court judgment (dated 04 July 2024 in W.P.(C) 9348/2023, Sh. Rehan Elahi & Anr. v. Govt of NCT of Delhi & Anr.) directing the Government of NCT of Delhi (GNCTD) to facilitate online registration of marriages under Muslim Personal Laws.
• Previous Court Order (23 August 2024):
  • The court issued notice to the respondents and directed GNCTD to file a status report within four weeks regarding compliance with the 04 July 2024 judgment.
  • The matter was re-notified for 01 October 2024, but GNCTD failed to file the status report.

Court Proceedings and Observations

The court had previously issued an order on 23 August 2024, directing GNCTD to file a status report within four weeks on the implementation of a 4 July 2024 judgment (Sh. Rehan Elahi & Anr. v. Govt of NCT of Delhi & Anr., W.P.(C) 9348/2023).

This earlier judgment mandated the creation of an online portal for registering marriages under Muslim Personal Laws. However, GNCTD failed to submit the status report or demonstrate progress, prompting the court to express concern over the lack of compliance.

The petitioners, supported by affidavits and represented by advocates Mr. M. Sufian Siddiqui, Mr. Rakesh Bhugra, and Mr. Niyazuddin, argued that the SMA registration was a mistake.

They highlighted that the absence of an online registration mechanism for Muslim marriages forced them to register under the SMA, which was inapplicable to their marriage solemnized under Islamic law.

The court observed that the SMA registration created unintended legal consequences, as the marriage was governed by Islamic law, and the Mubarat Nama was a valid form of divorce under that framework.

The erroneous registration under the SMA complicated the legal recognition of their divorce.

• Whether the marriage registration certificate issued under the SMA could be annulled, given that the marriage was solemnized under Islamic Sharia Law and dissolved via Mubarat Nama.
• Compliance with the court’s earlier directive (04 July 2024) to implement an online mechanism for registering marriages under Muslim Personal Laws as mandated by the Delhi (Compulsory Registration of Marriage) Order, 2014.

The Judgment

The Delhi High Court disposed of the petition with the following key directions:

1. Annulment of SMA Registration: The marriage registration certificate dated 15 May 2024, issued by the Revenue Department, GNCTD, under the SMA, was annulled.

2. The Sub-Divisional Magistrate (SDM), Defence Colony/Marriage Officer, was directed to update the records accordingly.

3. Compliance with Prior Judgment: The court reiterated the need for GNCTD to implement the 4 July 2024 judgment.

4. It directed the Chief Secretary, GNCTD, to personally ensure compliance in a time-bound manner, addressing the lack of an online registration system for Muslim marriages.

5. Administrative Action: A copy of the order was to be sent to the Chief Secretary, GNCTD, to ensure accountability and prompt action.

Court’s Observations and Reasoning

1. On the Marriage Registration:
   • The petitioners’ marriage was solemnized under Islamic Sharia Law, and the subsequent Mubarat Nama (09 July 2024) was a valid form of divorce by mutual consent under Islamic law.
   • The registration under the SMA was done due to the absence of an effective online mechanism for registering marriages under Muslim Personal Laws.
   • The court noted that the SMA registration was a mistake, as the SMA’s provisions did not apply to a marriage solemnized under Islamic law. The registration led to unintended legal consequences for the dissolution process.
2. On Non-Compliance by GNCTD:
   • The court highlighted the respondents’ failure to file a status report as directed in the 23 August 2024 order.
   • The respondents also failed to indicate any concrete steps toward implementing the 04 July 2024 judgment regarding the online registration mechanism for Muslim marriages.
3. Petitioners’ Submission:
   • The petition was supported by affidavits from both petitioners, with their signatures identified by their counsel.
   • The petitioners argued that the SMA registration was erroneous and sought its annulment to align their legal status with the dissolution under Islamic law.

Significance of the Judgment

This judgment has far-reaching implications for couples married under Muslim Personal Laws in Delhi. It addresses a systemic issue: the lack of an effective mechanism for registering such marriages, which often forces couples to resort to the SMA for administrative purposes like visa applications.

The court’s decision to annul the SMA registration reaffirms the primacy of personal laws in governing marriages and dissolutions, ensuring that legal processes align with the couple’s religious and cultural framework.

The directive to the Chief Secretary underscores the judiciary’s role in holding administrative authorities accountable for implementing court orders. The absence of an online registration system, as mandated by the Delhi (Compulsory Registration of Marriage) Order, 2014, has created practical difficulties for couples, and this judgment pushes for urgent reform.

The court disposed of the petition with the following directions:

1. Annulment of Marriage Registration:
   • The marriage registration certificate dated 15 May 2024 issued by the Revenue Department, GNCTD, under the SMA was annulled.
   • Respondent No. 2 (SDM, Defence Colony/Marriage Officer) was directed to update their records accordingly.
2. Compliance with Prior Judgment:
   • Regarding the implementation of the 04 July 2024 judgment (W.P.(C) 9348/2023), the court noted the respondents’ lack of progress.
   • The Chief Secretary, GNCTD, was directed to personally ensure compliance with the earlier judgment in a time-bound manner to facilitate the online registration of marriages under Muslim Personal Laws.
3. Disposal of the Petition:
   • The petition was disposed of with the above directions.
   • A copy of the order was to be sent to the Chief Secretary, GNCTD, for compliance.

Broader Implications

The ruling highlights the need for administrative systems to accommodate diverse personal laws in India’s pluralistic society. By annulling the erroneous SMA registration, the court ensured that the petitioners’ divorce via Mubarat Nama was legally recognized, resolving their legal complications.

The case also sets a precedent for addressing similar issues faced by other couples who encounter conflicts between personal law and statutory registration processes.

Moreover, the court’s emphasis on time-bound compliance signals a proactive approach to addressing administrative delays. The creation of an online portal for registering Muslim marriages will streamline processes, reduce reliance on the SMA, and ensure that couples can fulfill legal requirements without compromising their personal law rights.

Notes

1. Legal Recognition of Islamic Law:
   • The court recognized the validity of the petitioners’ marriage under Islamic Sharia Law and their divorce via Mubarat Nama, emphasizing that the SMA was inapplicable to their case.
   • The annulment of the SMA registration highlights the court’s acknowledgment of the petitioners’ intent to align their legal status with Islamic law.
2. Systemic Issue in Marriage Registration:
   • The case underscores the lack of an effective online mechanism for registering marriages under Muslim Personal Laws in Delhi, forcing couples to resort to the SMA for administrative purposes (e.g., visa requirements).
   • The court reiterated the need for GNCTD to comply with the 04 July 2024 judgment to address this gap.
3. Role of Article 226:
   • The court exercised its jurisdiction under Article 226 to provide relief by quashing the erroneous SMA registration, demonstrating the judiciary’s role in correcting administrative errors that affect personal law rights.
4. Non-Compliance by Authorities:
   • The respondents’ failure to file a status report or implement the earlier judgment reflects a delay in administrative action, prompting the court to escalate the matter to the Chief Secretary for time-bound compliance.

Significance

• The judgment addresses a practical issue faced by couples married under Muslim Personal Laws in registering their marriages for legal or administrative purposes (e.g., visas) due to the absence of a proper registration system.
• It reinforces the judiciary’s role in ensuring administrative compliance with court orders and protecting individuals’ rights under personal laws.
• The annulment of the SMA registration sets a precedent for correcting erroneous registrations that conflict with the applicable personal law.

Conclusion

The Delhi High Court’s judgment in Faizan Ayubi & Anr. v. Government of NCT of Delhi & Anr. is a landmark decision that corrects an erroneous marriage registration and addresses a critical gap in Delhi’s marriage registration framework.

By annulling the SMA certificate and directing GNCTD to implement an online registration system for Muslim marriages, the court has taken a significant step toward ensuring administrative efficiency and respect for personal laws.

This ruling serves as a reminder of the judiciary’s role in safeguarding individual rights and pushing for systemic reforms to meet the needs of a diverse population.