HC orders swift action for online registration

NEW DELHI: The Delhi High Court has expressed serious concerns regarding the Delhi Government’s failure to implement a judicial order from nearly three years ago, which mandated the online registration of marriages under Muslim and Christian Personal Laws in accordance with the Compulsory Registration of Marriage Order, 2014. Justice Sanjeev Narula labelled this situation as a “systematic failure” and directed the IT Department of the Delhi Government to take immediate steps to enable marriage registrations on the government’s online portal.

The court’s remarks come after a couple, who married under Muslim personal law in 1995, filed a plea to register their marriage. The couple is currently seeking a Parental visa to Canada, where two of their children reside. As part of the visa application process, they require a marriage registration certificate. Unfortunately, when they attempted to register their marriage online, they found that the portal only offered options under the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954, leaving them unable to complete their application.

During the hearing, Justice Narula highlighted that, “despite a previous assurance from the Delhi Government to issue appropriate administrative instructions within two months. an assurance given on October 4, 2021, no progress had been made.”

He pointed out that there is currently no established procedure, either online or offline, for registering marriages under the Compulsory Registration of Marriage Order, particularly for those solemnised under the Muslim and Christian Personal Laws. This lack of infrastructure has exacerbated the difficulties faced by individuals trying to fulfil legal requirements for various purposes, including visa applications and asserting rights tied to official marriage recognition.