Reena Chadha vs Govt. Of NCT Of Delhi

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Del) 893

REKHA PALLI
Reena Chadha – Appellant
Versus
Govt. Of NCT Of Delhi – Respondent

Advocates appeared:
Ms. Vibha Datta Makhija, Sr. Advocate, with Mr. Praveen Gaur, Advocate, for the Appellant; Ms. Shobhana Takiar, for the Respondent.

JUDGMENT

Rekha Palll, J. (Oral). - The present petition under Article 226 of the Constitution of India has been filed by an Indian couple residing in the United States of America (USA), seeks a direction to the concerned Sub-Divisional Magistrate (SDM), New Delhi to register their marriage in accordance with the provisions of the Delhi (Compulsory Registration of Marriage) Order, 2014 {hereinafter referred to as the 'Registration Order') without insisting on their physical appearance before him.

2. That the marriage between the petitioners was solemnized at Delhi on 06.12.2001 as per Hindu rites and ceremonies. They are now blessed with a son and a daughter born on 23.10.2002 and on 22.11.2011, respectively.

3. It may be noticed at the outset that the aforesaid Registration Order of 2014 was promulgated post the directions issued by the Supreme Court in Seema (Smt) Vs. Ashwani Kumar (2006) 2 SCC 578. Pursuant thereto, the registration of marriages solemnized in Delhi was made compulsory under this Registration Order.

4. That the procedure for registration has been provided for in clause 4 of the Registration Order and the same reads as under:

"4. Procedure

(a) Within a period of 60 days,