Delhi High Court
Bhumika Mohan Jaisinghani And ... vs Registrar Of Marriage And Ors. on 14 January, 2019
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 128/2019 & CM APPL.660/2019
BHUMIKA MOHAN JAISINGHANI AND
ANR. ..... Petitioners
Through: Mr Jai Bansal, Advocate.
Versus
REGISTRAR OF MARRIAGE AND ORS. ..... Respondents
Through: Mr Hetu Arora Sethi, ASC
GNCTD with Mr Siddharth
Agarwal, Advocate.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
ORDER
% 14.01.2019
VIBHU BAKHRU, J
1. The petitioners have filed the present petition, inter alia,
praying that respondents be directed to issue a handwritten or typed
certificate of marriage in respect of their marriage.
2. Petitioner no.1 is a Canadian Citizen and petitioner no.2 is a
British Citizen. Both the petitioners are working with the British High
Commission, New Delhi since 19.02.2017.
3. There is no controversy that the marriage of two foreign citizens
can be registered under the Special Marriage Act, 1954 (hereafter 'the
Act') and the petitioners were married in terms of the Act. However,
the certificate of their marriage has not been issued as the software
used by the respondents does not accept the data regarding marriage of
two foreign citizens.
4. The present controversy arises in the following context:
5. The petitioners are residents in New Delhi since 19.02.2017,
and, on 31.10.2018, they had filed an application for registration of
their marriage under the Act. However, their application was not
accepted as the procedure now required the applicants to seek an
online appointment for registration and a request for the same is not
accepted without the applicants filling in the detail of their Aadhar
Card. Since, the petitioners did not, at the material time, have an
Aadhar Card, they sought a waiver of the requirement of seeking an
online appointment. It is stated that they have not received any
response to their request as yet.
6. In the meanwhile, the petitioner no.1 applied for Aadhar Card
and after issuance of the Aadhar Card Number, she applied for online
appointment for registration of her marriage with petitioner no.2. The
petitioners were given an appointment on 26.11.2018.
7. On 26.11.2018, petitioners appeared before the Registrar of
Marriages and their application was accepted after payment of fees of
₹500/-. Notice of their marriage was accepted and was also placed on
the notice board of the Registrar of Marriages (respondent no.1). A
copy of the said notice was also sent to the British High Commission
for inviting any objection. Respondent no.1 fixed 28.12.2018 as the
date for registration of the marriage.
8. On 28.12.2018, the petitioners appeared before respondent no.1
and signed a declaration in the form as provided in the Third Schedule
of the Act.
9. The petitioners further assert that they also made the declaration
as required under Section 12 of the Act. It is also not disputed that the
Registrar of Marriages duly informed the petitioners that they were
married. The petitioners also exchanged rings in his presence and in
presence of the witnesses.
10. Subsequently, the petitioners were informed that the system is
not accepting their citizenship details as indicates that at least one
party has to be an Indian Citizen. Since, both the petitioners were not
Indian citizens, the software did not accepted their details for
generation of a certificate of marriage.
11. The learned counsel appearing for respondents does not dispute
that the marriage between two foreigners cannot be registered under
the Act. Thus, clearly, the software being used by the respondents for
generation of the certificate and/or for maintaining the records of the
marriages requires to be modified. Clearly, the issuance of the
marriage certificate as per the Act cannot be withheld on account of
the software being used by the respondents for the said purpose.
12. Sections 12 and 13 of the Act are relevant and are set out
below:-
"12. Place and form of solemnization.--(1) The
marriage may be solemnized at the office of the
Marriage Officer, or at such other place within a
reasonable distance therefrom as the parties may desire,
and upon such conditions and the payment of such
additional fees as may be prescribed.
(2) The marriage may be solemnized in any form
which the parties may choose to adopt:
Provided that it shall not be complete and binding
on the parties unless each party says to the other in the
presence of the Marriage Officer and the three witnesses
and in any language understood by the parties,--"I, (A),
take the (B), to be my lawful wife (or husband)."
13. Certificate of marriage.--(1) When the marriage
has been solemnized, the Marriage Officer shall enter a
certificate thereof in the form specified in the Fourth
Schedule in a book to be kept by him for that purpose
and to be called the Marriage Certificate Book and such
certificate shall be signed by the parties to the marriage
and the three witnesses.
(2) On a certificate being entered in the Marriage
Certificate Book by the Marriage Officer, the Certificate
shall be deemed to be conclusive evidence of the fact
that a marriage under this Act has been solemnized and
that all formalities respecting the signatures of witnesses
have been complied with."
13. Admittedly, the marriage between the petitioners have been
solemnized and further, the petitioners have also made the declaration
as required in terms of the proviso to Sub-section (2) to Section 12 of
the Act.
14. In view of the above, the respondent is required to issue a
certificate in the form as set out in the Fourth Schedule of the Act.
15. In view of the above, the present petition is allowed and the
petitioners along with witnesses are required to appear before
respondent no.1 on 29.01.2019 at 10:30 a.m. Respondent no.1 is
directed to issue a Certificate of Marriage in the form as specified in
the Fourth Schedule and also ensure that a copy of the same as well as
other necessary details are preserved in the records maintained at his
office.
16. The respondents are further directed to take the necessary steps
for modification of the software being used for registration of
marriages and issuance of certificates. The details of the marriage
between the petitioners shall be entered into by respondent no.1 as and
when the software is modified without the presence of the petitioners
or the witnesses.
17. The petition is disposed of in the aforesaid terms. The pending
application is also disposed of.
18. Order dasti under the signature of Court Master
VIBHU BAKHRU, J
JANUARY 14, 2019
RK
