The Delhi government Monday assured the Delhi High Court that it would examine and pass appropriate instructions with regards to the registration of Muslim marriages under the Compulsory Marriage Order, which provides for immediate registration without any delay or notice, within two months.
Justice Rekha Palli, who was hearing a petition alleging that Muslim marriages here were being registered under the Special Marriage Act instead of the Compulsory Marriage Order, was informed by the Delhi government counsel that presently, the legal format for an application does not mention "Muslim marriage" or "Christian marriage" as one of the options.
"We are writing to the authorities to get it corrected. We will rectify for both Muslims and Christians," said Delhi government counsel Shadan Farasat.
The petitioners - NGO Dhanak for Humanity and an aggrieved individual -- alleged that in the absence of an option to register under the Compulsory Marriage Order, Muslim marriages were being registered under the Special Marriage Act, which was discriminatory.
The petitioners, represented by lawyer Utkarsh Singh, informed that in spite of the marriage of the second petitioner being a Muslim marriage and not an interfaith marriage, the couple, which escaped from their hometown to solemnise the marriage in Delhi, was being subjected to 30 days'' notice period under the Special Marriage Act.
The lawyer explained the differences between the Compulsory Registration of Marriage Order and the Special Marriage Act.
He said Compulsory Registration of Marriage Order is an avenue to provide registration of marriage solemnised in any religion.
On the other hand, interfaith marriages are solemnised and registered under the Special Marriage Act (SMA), he said.
The counsel for the Delhi government said that the marriage of the second petitioner would be registered under the Compulsory Marriage Order subject to the submission and verification of certain documents.
In view of the Delhi government's stand, the court said that no further orders were called for.
The court had sought the Delhi government's stand on the petition in July.
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