The Delhi High Court recently directed the Delhi government to create an online registration option for marriages solemnised under Muslim law on its e-portal.

Justice Sanjeev Narula noted that despite a similar order issued in July 2024, the Delhi government had failed to implement a system for registering Muslim marriages as mandated under the Delhi (Compulsory Registration of Marriage) Order, 2014.

The petitioners, a Muslim couple, had married under Sharia law but mistakenly registered their marriage under the Special Marriage Act (SMA) due to the absence of an appropriate option on the Delhi government's online portal. The portal only offered options for marriages under the Hindu Marriage Act and SMA.

The couple’s lawyer, Advocate Sufian Siddiqui, argued that the lack of a Muslim marriage option violated their constitutional rights under Articles 14, 21, and 25.

The court annulled the erroneous registration, directing the Revenue Department to update its records.

"The registration certificate dated 15th May, 2024 (Annexure P-1) issued by the Revenue Department, GNCTD, is hereby annulled."

The court also instructed the Chief Secretary of Government of National Capital Territory of Delhi, India to personally ensure compliance with the previous judgment and establish the online registration mechanism within a specified timeframe.

"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."

Case Details: Faizan Ayubi & Anr. v. Govt of NCT of Delhi & Anr. (W.P.(C) 11685/2024)

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