High Court notice to Delhi government on delay in registering Muslim marriages

The Delhi High Court on Friday issued notice to the Delhi government on a petition alleging that Muslim marriages were being registered under the Special Marriage Act (SMA) and not under the Compulsory Marriage Order where marriage are registered immediately.

Justice Rekha Palli gave three weeks time to the Delhi government to respond to the petition collectively moved by an NGO, Dhanak for Humanity, and a man from Uttar Pradesh.

The man said both he and his girl friend practice Islam, but had left their hometown to solemnise their marriage in Delhi as their parents were opposed to their relationship.

He said despite their marriage under Muslim marriage rites and ceremonies, they were not given the option by the Delhi government to register the marriage under Compulsory Marriage Order.

The man submitted that the practice of registering Muslim marriage under Special Marriage Act requires 30 days’ notice period which is a very cumbersome process for the applicant who come from another State.

The plea said the couple were in hiding and had sought refuge in the NGO’s office in Delhi. It said a lot of the couple's family members are residing in Delhi and hence they feared getting caught during the process of registering their marriage.

All marriages done under the Special Marriage Act require publication of the names of the couple for inviting objections from the public for 30 days. Within this period, anyone can object to the marriage on the ground that it would contravene one or more of the conditions specified under the Act.

“Under the Compulsory Registration Marriage Order the marriages are registered immediately and without any delay or notice etc. It is submitted that for the registration of marriages solemnised under Muslim marriage rites and ceremonies the respondent no.1 (Delhi Govt) has not given the option to register the marriage under Compulsory Marriage Order,” the petition said.

The plea argued that the exclusion violated the fundamental rights of the parties .

“Petitioner 2 has right to live which has been threatened and curtailed and respondents should protect the same by registering the marriage immediately,” the petition said.

The High Court will hear the case next on October 4.

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Printable version | Sep 18, 2021 8:15:08 AM |

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