Delhi High Court: A petition was filed by a couple (the petitioners) seeking annulment of their marriage registration under the Special Marriage Act, 1954, after they had initially registered their marriage under this Act due to the absence of an online mechanism for registering marriages under Muslim Personal Laws. Sanjeev Narula, J., annulled the registration and held that the registration under the Special Marriage Act was inapplicable, as the petitioners’ marriage was solemnized under Islamic law, and the lack of an effective registration mechanism for such marriages under Muslim Personal Laws led to the erroneous registration.
A couple (petitioners) married under Islamic Sharia law solemnized their marriage on 11-10-2023, in accordance with Muslim personal law. However, due to visa requirements for their planned travel abroad, the petitioners needed an official marriage certificate. As there was no effective online mechanism for registering marriages under Muslim personal law in Delhi, they registered their marriage under the Special Marriage Act on 15-05-2024.
Subsequently, the petitioners experienced irreconcilable differences and sought a divorce, executing a “Mubarat Nama” a form of mutual consent divorce recognized in Islamic law, on 09-07-2024. When they attempted to dissolve the marriage through the Family Court under Section 28 of Special Marriage Act, they encountered legal complications due to their marriage being registered under the Special Marriage Act rather than under Muslim personal law. Consequently, they withdrew the Family Court petition and filed a writ petition under Article 226, seeking to quash the Special Marriage Act based marriage registration certificate issued by the Sub-Divisional Magistrate (SDM) of Defence Colony.
In their petition, the petitioners also brought attention to a previous order by the Delhi High Court which directed the Delhi government to establish an online system for the registration of marriages conducted under Muslim personal law on its marriage registration portal. The petitioners highlighted that despite this direction, no effective action had been taken by the Government of NCT Delhi (GNCTD) to implement the order, causing unnecessary complications for individuals like them who sought proper recognition of their marriage under religious law.
The Court noted the petitioners’ contentions, including their argument that the SMA was mistakenly used for registration due to the unavailability of an alternative mechanism. The petitioners submitted affidavits confirming their mutual consent to divorce and the absence of any need to proceed under the Special Marriage Act, as their marriage was solemnized under Islamic law. Recognizing the complexity and the potential legal consequences of the mistaken registration, the Court decided to annul the marriage registration certificate, directing the SDM to update their records accordingly.
The Court remarked that “As regards the implementation of the judgment of this Court dated 04-07-2024 is concerned, 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.”
Thus, the Court addressed the GNCTD’s non-compliance with a previous order regarding the implementation of an online registration process for marriages under Muslim personal law. Given the inaction, the Court ordered the Chief Secretary of the GNCTD to personally ensure compliance with this directive, emphasizing the need for a time-bound solution.
[Faizan Ayubi v. GNCTD, 2024 SCC OnLine Del 7838, decided on 06-11-2024]
Advocates who appeared in this case:
Mr. M. Sufian Siddiqui, Mr. Rakesh Bhugra and Advocates for petitioner
Mr. Udit Malik, ASC with Mr. Vishal Chanda, Advocate for GNCTD
