Smt. Rouble Arora & ANR. v. Govt. Of NCT Of Delhi

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5309/2020 SMT. ROUBLE ARORA & ANR.

..... Petitioners Through Mr.A.K.Gupta, Adv. along with petitioners 1 and 2 in person.

versus GOVT. OF NCT OF DELHI ..... Respondent Through Mr.Sameer Vashisht, ASC, Civil, GNCTD with Mr.Manashwy Jha, Ms.Urvi Kapoor, Advs.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 27.08.2020 1.

This hearing has been held by video conferencing. 2.

This petition has been filed by the petitioners praying for the following relief:

"a) issue an appropriate writ, order or direction, whereby, direct the respondent to cancel the certificate of marriage no.90740000001990 dated 28.6.2019 issued under Section 13 of Special Marriage Act, 1954."

3.

The petitioners in the petition assert that their application filed before the respondent was not in conformity with Section 5 of the Special Marriage Act, 1954 and, therefore, could not have been accepted. They pray that as other authorities, including the Embassy of the Federal Republic of Germany, have pointed out the above defect in the registration certificate issued by the respondent, they have filed the present petition seeking the above relief.

4.

Though the learned counsel for the respondent submits that the certificate was validly issued, in view of the categorical statement of the petitioners that the petitioners did not comply with the requirement of Section 5 of the Special Marriage Act, 1954, I do not find any impediment to grant the relief prayed for in the present petition. 5.

The petition is accordingly allowed.

6.

I may note that I have interacted with the petitioners, who have been identified by the learned counsel for the petitioners, and apprised them of the complications that can ensue due to the prayer made in the present petition. They still insist on the petition being allowed. NAVIN CHAWLA, J AUGUST 27, 2020 RN