The Single Bench of the Delhi High Court in the case of Arushi Mehra & Anr. vs Govt. of NCT of Delhi & Anr. consisting of Justice Prathiba M. Singh, while directing the Delhi Government to amend the Guidelines for Issuance of Marriage Registration Certificate elucidating the eligibility criteria of marriages under the Special Marriage Act, 1953 issued by the Revenue Department, held that the requirement of at least one party being a citizen of India is not required under the Special Marriage Act.
Brief Facts:
This petition was filed seeking a direction to the Respondent No. 2 to permit the Petitioners to physically submit the required documents and complete requisite formalities for solemnising their marriage as also registering the same under the provisions of the Special Marriage Act, 1954 (hereinafter referred to as the “Act”).
Petitioner No. 1 is a Hindu and a Canadian citizen, holding an Overseas Citizen of India (OCI) card. Petitioner No. 2 is a Christian and an American citizen. Petitioners intended to solemnize and register their marriage under the Special Marriage Act of 1954. However, the website of the GNCTD which facilitates the registration and solemnization of marriages does not permit an online form to be submitted if one of the parties is not an Indian citizen.
Procedural History:
The Petitioners then tried to visit the office of Respondent No. 2 to submit the requisite forms physically. However, the SDM refused to accept the application.
Hence the present petition.
Contentions of the Petitioner:
It was contended that under the Act, it was not necessary that the parties solemnizing the marriage ought to be citizens. Reliance was placed on Bhumika Mohan Jaisinghani & Am v Registrar of Marriage & Ors. (2019 SCC Online Del 6538) wherein Court had ordered Respondents to modify the software being used for the registration of marriages and issuance of certificates.
Observations of the Court:
The Bench perused the decision of the Bhumika Mohan case which clarified that Respondents must take expeditious steps for amendment of the guidelines and make the required changes to the e-portal to enable foreign nationals whose marriages are to be solemnized and registered in Delhi to apply online for the same. It noted that Section 4 of the Act (Conditions relating to solemnization of special marriages) also enabled the same. There is no mention of “citizens” in the Section and it was opined that under Special Marriage Act, there was no such requirement for one party being a citizen of India.
The decision of the Court:
Since the directions given by various orders of the Delhi High Court had not been implemented by the Respondent Authorities, the Bench issued certain directions such as processing the Application of the Petitioners without any objections and solemnization and registration of the marriage under the law.
Case: Arushi Mehra & Anr. vs Govt. of NCT of Delhi & Anr.
Coram: Hon’ble Justice Prathiba M. Singh
Case No: W.P.(C) 15117/2022
Advocate for Petitioner: Adv. Mr. Rishabh Kapur.
Advocates for Respondents: Adv. Ms. Nidhi Raman, Ms. Zubin Singh
Read Judgement @LatestLaws.com
Picture Source : https://news.uchicago.edu/sites/default/files/styles/full_width/public/images/2018-05/online_marriage-1380.jpg?itok=6n4HAsCj
