The term 'personal appearance' in the context of marriage registration can include appearance through Video Conferencing, as established by previous decisions and technological advancements.

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, excluding the day on which the final ceremony of marriage is solemnized, the parties to the marriage shall apply jointly in the prescribed Form-A for registration of their marriage addressed to the marriage officer having jurisdiction to register the same.

(b) Such prescribed application shall be accompanied by documentary proof of age of both of the parties to the marriage, solemnization of marriage, identification of the parties, place of residence of the parties to the marriage, citizenship of the parties if any along with the requisite fee of rupees Two Hundred.

(c) On receiving such application alongwith requisite documents as prescribed above and satisfaction of the marriage officer as regard authenticity of such proof the same shall be entered in the register of marriage prescribed for this purpose as per Form-B.

(d) After having received such application complete in all aspect and having entered the same in the prescribed register, the marriage officer shall fix a date for the parties to appear in person alongwith two witnesses who shall certify to the solemnization of such marriage and bearing proof of permanent resident of Delhi.

(e) The marriage officer thereafter on personal appearance of the parties with witnesses on such appointed date or any other extended date and on satisfaction of solemnization of such marriage in Delhi shall issue the requisite certificate of registration of such marriage as per Form-C."

5. The Registration Order also envisaged creation of an on-line portal so as to enable the parties to submit online applications for registration, the provision whereof has been prescribed in clause 9 which reads as under:-

"9. E-registration:

The Govt. of NCT of Delhi shall endeavor to create a dedicated portal for the purpose of online submission of application and prior appointment to facilitate compulsory registration of marriage. The application form alternatively shall be available on such portal which may be downloaded by the parties and be submitted alongwith requisite documents manually at the respective counters of the marriage registration offices. On such submission either manually or online, a computer generated priority number alongwith appointed dated for registration of marriage shall be made available to the applicants to be produced at the time of personal appearance before the marriage officer to register the marriage. "

6. It is petitioner's case that since they, alongwith their minor son, had already relocated to Singapore before 2014, they could not apply for registration of their marriage when the order came into effect. They, having since relocated to USA, where they are residing on the strength of a LI visa issued in favour of petitioner no.2 husband and a L2 visa (dependent visa) in favour of petitioner no.l wife