Recently, the Delhi High Court took serious note of the failure of the Union and Delhi governments to comply with a Supreme Court directive mandating compulsory registration of marriages, irrespective of religious affiliation. The Court expressed strong displeasure over the non-implementation of the Apex Court's ruling and directed the authorities to take the necessary steps to ensure compliance. Observing the lack of adherence to judicial directions, the Bench underscored the importance of a uniform system for marriage registration to uphold legal recognition and rights.
The case arose from a Public Interest Litigation (PIL) filed by Aakash Goel, seeking the formulation of rules for a centralized database of marriage registrations. The petitioner contended that, despite the Supreme Court’s ruling in Seema v. Ashwani Kumar, which mandated compulsory marriage registration across all religious communities, the government had not taken effective steps for implementation. The plea further highlighted that while the Delhi Government had issued the Delhi (Compulsory Registration of Marriage) Order, 2014, the existing framework remained inadequate and lacked proper enforcement mechanisms.
The petitioner argued that the absence of a comprehensive and uniform registration system led to ambiguity and legal complications, particularly in matrimonial disputes and succession matters. It was contended that a centralised database was necessary to ensure that accurate marital records were accessible, which would also aid in preventing fraudulent marriages. The plea sought specific directions from the central government to develop a standardized mechanism and make it accessible to citizens. Additionally, the petitioner sought modifications to certain provisions of the Delhi (Compulsory Registration of Marriage) Order, 2014, including the provision for online registration of marriages, allowing the virtual presence of parties and witnesses before the concerned authorities.
The Division Bench, comprising Chief Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela, criticised the authorities for their inaction despite the clear directive from the Supreme Court. The Court remarked, “This is a dismal state of affairs. The failure to implement the Supreme Court's ruling is deeply concerning.” It further emphasised that the mandatory registration of marriages was a crucial step towards ensuring legal clarity, protection of rights, and preventing matrimonial fraud.
The Court also took note of a previous direction issued in November 2023, wherein a Single Judge had ordered the Chief Secretary of the Delhi Government to ensure that marriages solemnized under Muslim Personal Law were registered online in compliance with the Delhi (Compulsory Registration of Marriage) Order, 2014. Despite these directions, the lack of enforcement continued to persist, warranting further judicial intervention.
In light of the submissions and the persisting non-compliance, the Court issued a notice to the concerned Union Ministry and the Delhi Government, directing them to take appropriate steps in accordance with the law. It granted three months for the authorities to implement necessary measures and ensure compliance with the Supreme Court’s ruling. The Court further directed both governments to submit their action plans before the next hearing, failing which appropriate legal action may be considered against the defaulting authorities.
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