Enable online registration of marriages under compulsory registration order: Delhi High Court

New Delhi: The Delhi High Court has directed the city authorities to take immediate steps to enable online registration of marriages, including Muslim and Christian marriages, under the Compulsory Registration of Marriage Order, 2014.

The court said enabling such registrations was imperative to ensure smoother administrative processes for the public.

Justice Sanjeev Narula observed that in spite of an earlier assurance by the authorities, there was no established procedure, online or offline, for the registration of marriages under the Delhi (Compulsory Registration of Marriage) Order of 2014, particularly if they were solemnized under the Muslim personal laws or the Christian personal laws.

Terming it a "systemic failure", Justice Narula said the same issue has persisted in spite of the assurance given in 2021 with respect to issuance of appropriate administrative instructions to enable online registration of marriages solemnized under the personal laws of Muslims and Christians.

It is disconcerting to observe that appropriate administrative instructions are yet to be issued, the court stated.

"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 solemnized under Muslim Personal Laws or Christian Personal Laws. This lack of infrastructure perpetuates the difficulties faced by parties seeking to fulfil legal requirements, such as obtaining visas or asserting rights dependent on official marriage recognition," the court stated.

"Respondent No. 3, the IT Department/Marriage Branch of the Revenue Department, Government of NCT of Delhi, is instructed to immediately take necessary steps to enable the registration of marriages under the Compulsory Registration of Marriage Order, 2014 on the Delhi government 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 court further ordered.

The court's order was passed recently on a petition by a couple, married as per Muslim rites in 1995, who sought a marriage registration certificate to apply for a visa to Canada.

The petitioners moved the high court after the online portal did not provide them an option for registration under the Delhi (Compulsory Registration of Marriage) Order and the available options were limited to registration under the Hindu Marriage Act and the Special Marriage Act.

In response, the marriage officer concerned said on the portal, there was no option of applying for a marriage registration under Compulsory Marriage Order but if one applied under Hindu Marriage Act or the Special Marriage Act, due procedure was followed and a final 'Marriage Registration Certificate' was approved, which could be issued under the Compulsory Marriage Registration Order.

The court observed that the reply of the authorities to the present petition suggested that the petitioners, being Muslim, could apply for the registration of their marriage under the Special Marriage Act.

The suggestion, the court stated, overlooked the critical aspect of the petitioners’ marriage not being an inter-faith union, and being a Muslim marriage, they intended to avail themselves of the provisions of the Compulsory Registration of Marriage Order which was specifically designed to facilitate the registration of such marriages.

The court stated that the authorities have not provided a satisfactory explanation as to why, despite the issuance of the Compulsory Registration of Marriage Order, 2014, no adequate measures have been implemented to facilitate marriage registration under the same.

Stating that the "State failed to carry out its duty as mandated under law despite their recorded assurance", the court directed the authorities to consider the petitioners’ application for registration of marriage under the Delhi (Compulsory Registration of Marriage) Order, 2014 and issue a marriage certificate if the application is in order and the couple fulfils the eligibility criteria.