Delhi High Court direct Marriage Registration to delhi government to Enable Online Registration Of Muslim Marriages
Delhi High Court direct Marriage Registration to delhi government to Enable Online Registration Of Muslim Marriages
The Delhi High Court, in the case Faizan Ayubi & Anr. v. Government of NCT of Delhi & Anr. (decided on 6 November 2024), made an important ruling.
A couple married under Islamic law in October 2023 registered their marriage under the Special Marriage Act (SMA) because there was no proper online system to register Muslim marriages.
Later, they divorced by mutual consent under Islamic law (Mubarat Nama) in July 2024 but faced legal issues because of the SMA registration.
They asked the court to cancel the SMA registration and ensure the government creates an online system for registering Muslim marriages, as ordered in a previous case.
The court agreed, canceled the SMA registration, and directed the Chief Secretary of Delhi to set up the online system quickly.
This decision helps the couple and pushes the government to fix the registration process for Muslim marriages.
New Delhi, November 6, 2024: In a significant ruling that highlights the clash between administrative failure and personal law, the Delhi High Court today annulled the marriage registration of a Muslim couple under the Special Marriage Act (SMA), allowing their divorce under Islamic law to stand.
The court strongly criticised the Delhi Government for its continued failure to implement an online system for registering Muslim marriages, forcing couples into legal complications.
A Case of Administrative Compulsion
The couple, Faizan Ayubi and his wife, had solemnized their marriage under Islamic Sharia Law in October 2023. When they planned to travel abroad, they needed a marriage certificate—a standard visa requirement for many countries.
However, they found themselves in a bind. The Delhi Government, despite a compulsory order from 2014, had no functional online mechanism for registering marriages performed under Muslim Personal Laws.
Left with no practical alternative, the couple registered their marriage under the secular Special Marriage Act (SMA) in May 2024 to obtain the necessary certificate.
The Unforeseen Legal Trap
The marriage subsequently broke down due to irreconcilable differences. In July 2024, the couple mutually and peacefully executed a “Mubarat Nama,” a form of divorce by mutual consent recognized under Islamic law.
It was then they discovered the unintended consequence of their earlier action. By registering under the SMA, their marriage was now technically governed by that Act.
To dissolve it legally, they would have to file for divorce under the SMA’s provisions, a lengthy court process that completely disregarded their personal law and their mutual agreement to separate via Mubarat Nama.
Their petition to the Family Court was withdrawn due to this complication, leading them to approach the High Court for a solution.
High Court’s Intervention and Reasoning
Hearing the plea, Justice Sanjeev Narula noted the genuine predicament faced by the couple. The court observed that the SMA was never intended to apply to them and that they had opted for it solely due to the government’s failure to provide a proper portal.
The court accepted the affidavits of both parties confirming their mutual divorce via Mubarat Nama. Annulling the SMA registration certificate, the court held that the couple should never have been forced into the SMA framework in the first place.
“The Petitioners under mistake registered their marriage under SMA, in absence of an effective online mechanism,” the court stated, justifying its decision to quash the certificate and direct the authorities to update their records.
A Recurring Failure and a Stern Directive
This case is not an isolated incident. The petitioners brought to the court’s attention a previous judgment from July 4, 2024 (Rehan Elahi & Anr. v. Govt of NCT of Delhi & Anr.), where the High Court had already directed the Delhi Government to implement the online portal for Muslim marriages. The government had taken no concrete steps to comply.
Expressing displeasure at this inertia, Justice Narula issued a stern directive: the Chief Secretary of the Delhi Government must personally intervene to ensure the judgment is implemented in a “time-bound manner.”
The Larger Implication
This ruling is more than just a relief for one couple. It underscores a critical administrative failing that creates legal hurdles for citizens adhering to personal laws. The judgment:
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Protects Personal Law Rights: It ensures that a couple’s intent to be governed by their personal law is not overridden by a procedural registration forced by administrative lack.
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Holds the Government Accountable: The order serves as a sharp reminder to the bureaucracy of its obligation to comply with court orders and establish necessary public infrastructure.
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Provides a Precedent: It offers a legal pathway for other couples who may find themselves in a similar situation, trapped between personal law and an inflexible administrative system.
