'Muslim marriages are being forced to register under SMA'; HC seeks govt reply

New Delhi: The Delhi High Court Friday asked the Delhi government to reply to a petition alleging that Muslim marriages are being registered under the Special Marriage Act (SMA) and they are not being given the option to do so under the Compulsory Marriage Order which provides for immediate registration without any delay or notice.

Justice Rekha Palli issued notice on the petition filed by an NGO and another individual on behalf of an LGBTQ couple (both majors), who had run away from Uttar Pradesh to get married after facing threats from members of their family and community.

The Delhi High Court had earlier directed the Delhi government to house them in a safe-house for the time being and also directed the police here to provide them adequate protection.

Justice Palli on Friday said that petitioners have raised a pertinent point and gave the Delhi government three weeks' time to respond to the petition filed by NGO Dhanak for Humanity.

Advocate Utkarsh Singh, appearing for the petitioners, said that the exclusion of Muslim marriages from the Compulsory Marriage Order was discriminatory in nature.

"He (Singh) has a point. You can't discriminate," the judge responded.

Advocate Shadan Farasat, appearing for the Delhi government, stated that he would take instructions in the matter then come back before the

court.

The petition said that in spite of the marriage of the second petitioner being a Muslim marriage and not an interfaith marriage, the couple, which escaped from their hometown to solemnise the marriage in Delhi, was being subjected to 30 days' notice period under the Special Marriage Act.

Respondent no 1 (State) specifically does not allow the registration of Muslim marriages under Compulsory Registration Marriage Order 2014 and the State is bound by law to register the marriage within one day as per Registration of Marriage under Compulsory Registration Marriage Order 2014, the petition reads.

It is argued that the exclusion violates the fundamental rights of the parties and that the requirement of 30 days' notice period under the Special Marriage Act was a very cumbersome process for someone who has come from another place and is precisely trying to protect themselves.

Petitioner 2 has the right to live, which has been threatened and curtailed and respondents should protect the same by registering the marriage immediately, the petition reads. The matter would be heard next on October 4.