The Delhi High Court has ordered the Delhi government to make it possible to register Muslim marriages online through its official portal within a set timeframe. Justice Sanjeev Narula has also directed the Chief Secretary of Delhi to personally supervise the process and ensure it is completed on time.

The court was reviewing a case brought by a couple who married under Islamic Sharia law on October 11, 2023. They needed to register their marriage to meet visa requirements for travelling abroad. However, since there was no effective online system to register marriages under Muslim Personal Law, they had to register under the Special Marriage Act of 1954. The court has now directed the Government of the National Capital Territory of Delhi (GNCTD) to set up an online registration system for these marriages within a given timeframe.

Advocate M. Sufian Siddiqui, who represented the petitioner couple, stated, "The Petitioners were subjected to an exclusionary marriage registration system mandated by the GNCTD, which allowed only two options--registration under the Hindu Marriage Act, 1955, or the Special Marriage Act, 1954--on its online portal. The absence of an offline alternative or a suitable online option under the Delhi (Compulsory Registration of Marriage) Order, 2014 effectively coerced the Petitioners into a statutory regime antithetical to their faith and intent thereby causing grave infraction of their constitutional rights under Articles 14, 21, and 25."

According to Islamic Sharia law, the petitioners were married, the court observed. Later, on July 9, 2024, they signed a Mubarat Nama, which is Islamic law's recognition of a divorce by consent. Both petitioners have provided affidavits supporting the current petition, and their attorneys have confirmed their signatures. The petitioners' attorney argued that the Special Marriage Act, 1954, should not be applied in these circumstances. The petitioners also pointed out to the court that they registered their marriage under the Special Marriage Act by mistake since there was no efficient online system for registering marriages solemnised under Muslim Personal Laws, as required by the Delhi (Compulsory Registration of Marriage) Order, 2014.

On November 6, 2024, the Court cancelled the registration certificate issued by the Revenue Department of GNCTD and ordered the concerned SDM to make the necessary changes to the records. Regarding the Court's previous judgment on July 4, 2024, the Respondents have not taken clear steps to comply. As a result, the Court has directed the Chief Secretary of GNCTD to individually oversee the matter and ensure that the judgment is followed promptly.