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Delhi High Court directs the Delhi government to provide Muslim Marriage Registration in the Faizan Ayubi Case

On 6 November 2024, the Delhi High Court cancelled a marriage registration that was wrongly done under the Special Marriage Act (SMA), 1954. The case was heard by Justice Sanjeev Narula.

What Happened?

  • Marriage under Muslim Law: Faizan Ayubi and his wife got married on 11 October 2023 as per Islamic Sharia Law.

  • Wrong registration: Since there was no proper online system to register Muslim marriages in Delhi, they registered their marriage under the Special Marriage Act to get a certificate for visa purposes.

  • Divorce by Mubarat Nama: Later, they separated and signed a Mubarat Nama (mutual divorce under Islamic law) on 9 July 2024.

  • Problem: Because their marriage was recorded under SMA, it created legal complications. So, they asked the High Court to cancel the SMA registration

Couple Wins Court Case Against Delhi Government

A couple in Delhi went to court because of a problem with their marriage papers. They got married in October 2023 under Islamic law. Later, they needed a marriage certificate to travel abroad.

They tried to register their marriage the proper way, but they found that the Delhi government’s website for Muslim marriage registration was not working. So, they registered under a different law called the Special Marriage Act (SMA) just to get the certificate.

Later, they decided to separate mutually using a Islamic divorce method called Mubarat Nama. But they found that because their marriage was registered under the SMA, they could not use their own personal law for divorce.

They asked the Delhi High Court for help. The court agreed that it was not their fault. The judge said that the government did not provide a proper system for Muslim marriage registration.

The court canceled their marriage certificate under the SMA. The judge also ordered the Chief Secretary of Delhi to make sure the online system for Muslim marriage registration is fixed quickly.

This decision helps the couple and also reminds the government to provide working systems for all people.

Court’s Decision

  • The Court cancelled the marriage certificate dated 15 May 2024 issued under SMA.

  • Directed the SDM Defence Colony to correct official records.

  • Ordered the Chief Secretary of Delhi Government to quickly set up an online system for Muslim marriage registrations, as already directed in an earlier case (Rehan Elahi v. GNCTD)

Case Notes: Faizan Ayubi & Anr. v. Govt of NCT of Delhi & Anr.

Court: High Court of Delhi at New Delhi
Case Number: W.P.(C) 11685/2024 & CM APPL. 64410/2024
Presiding Judge: Hon’ble Mr. Justice Sanjeev Narula
Date of Order: November 6, 2024

1. Background and Facts of the Case

  • The Petitioners: A married couple who had solemnized their marriage on October 11, 2023, in accordance with Islamic Sharia Law.

  • Reason for Registration under SMA: Their intention to travel abroad necessitated a marriage certificate, as it is a pre-condition for visas to certain countries.

  • Due to the lack of an effective online mechanism for registering marriages under Muslim Personal Laws in Delhi, they were forced to register their marriage under the Special Marriage Act, 1954 (SMA) on May 15, 2024.

  • The Problem: The marriage broke down due to irreconcilable differences. On July 9, 2024, they executed a Mubarat Nama (a form of mutual divorce recognized under Islamic law).

  • They then realized that because their marriage was registered under the SMA, they could not simply rely on the Mubarat Nama for dissolution.

  • The SMA would require them to go through a formal divorce proceeding under its provisions (like Section 28 for mutual consent), which was contrary to their personal law and original intention.

  • Previous Litigation: They had initially approached the Family Court seeking dissolution under the SMA but withdrew the petition upon realizing the legal complications.

  • Systemic Issue: The petitioners highlighted a previous judgment of the Delhi High Court (Rehan Elahi & Anr. v. Govt of NCT of Delhi & Anr., dated July 4, 2024) which had already directed the Delhi Government to implement an online process for registering Muslim marriages. This direction had not been complied with.

2. Prayers and Relief Sought

The petitioners filed a writ petition under Article 226 of the Constitution of India seeking:

  • Quashing of the Marriage Registration Certificate dated May 15, 2024, issued under the Special Marriage Act.

  • Implicitly, they sought recognition of their divorce via Mubarat Nama under their personal law without the legal impediments of the SMA.

3. Court’s Observations and Reasoning

The Court made the following key observations:

  • Genuine Mistake: The Court acknowledged that the petitioners registered their marriage under the SMA out of a mistake and necessity, solely due to the absence of the proper online portal for Muslim marriages as mandated by law.

  • Voluntary Dissolution: The Court noted that both parties had mutually and voluntarily dissolved their marriage through a Mubarat Nama, a valid form of divorce under their personal law. Affidavits from both petitioners confirming this were on record.

  • Non-Applicability of SMA: The Court concluded that the SMA was never intended to apply to the petitioners’ marriage, which was governed by Muslim Personal Law from its inception to its dissolution.

  • Government’s Non-Compliance: The Court took a stern note of the GNCTD’s failure to both file a status report as previously ordered and to implement the directions from the Rehan Elahi case for creating an online registration portal.

4. Final Order and Directions

The Court allowed the petition and passed the following directions:

  1. Annullment of SMA Certificate: The marriage registration certificate dated May 15, 2024, issued under the Special Marriage Act, was annulled.

  2. The Sub-Divisional Magistrate (SDM), Defence Colony (Respondent No. 2), was directed to make appropriate changes in their official records to reflect this annulment.

  3. Compliance with Previous Judgment: Noting the government’s inaction, the Court directed the Chief Secretary of GNCTD to personally look into the matter and ensure the time-bound implementation of the court’s directions in the Rehan Elahi case (i.e., to operationalize the online portal for registration of Muslim marriages).

5. Significance and Key Takeaways

  • Remedy for Procedural Error: The judgment provides a remedy for couples who, due to administrative failures, are forced to register under a secular law (SMA) but wish to be governed entirely by their personal laws for matters of marriage and divorce.

  • Primacy of Intent and Personal Law: The court emphasized that the legal framework under which a marriage is registered should align with the law under which it was solemnized and is intended to be governed.

  • A registration for a purely procedural purpose (like obtaining a visa) does not automatically subject the marriage to the provisions of the SMA if that was not the parties’ intent.

  • Judicial Scrutiny of Government Inaction: The order serves as a strong rebuke to the Delhi Government for its delay in implementing court orders, escalating the matter to the level of the Chief Secretary for ensuring compliance.

  • Clarity on Dissolution: The judgment clarifies that a marriage originally solemnized under Muslim law can be dissolved by a Mubarat Nama, and a mistaken registration under the SMA will not force the parties into the divorce mechanics of the SMA.

The Court said marriages done under Muslim Personal Law should not be forced under the Special Marriage Act. Also, Mubarat Nama (mutual divorce) is valid under Islamic law.

In essence, the court rectified an administrative error that had created a legal incongruity, upholding the parties’ right to be governed by their personal law.