Rachna Sharma & ANR. v. Govt Of NCT Of Delhi Thru Principal Secretary (Revenue) Divisional Commissioner

$~68 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 14803/2024 & CM APPL. 62239/2024 RACHNA SHARMA & ANR.

.....Petitioners Through:

Mr. Amit Joshi, Mr. B.M. Jyotishi, Ms.

Prabhjot Kaur, Ms.

Vineeta Sharma, Advocates for P-1 & 2 versus GOVT OF NCT OF DELHI THRU PRINCIPAL SECRETARY (REVENUE) DIVISIONAL COMMISSIONER .....Respondent Through:

Ms. Puhumi Aditya, Advocate for Mr.

Jawahar Raja, ASC (Civil) for GNCTD

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 22.10.2024 1.

Petitioners No. 1 and 2 got married according to Hindu rites and ceremonies on 14th July, 2024. Subsequently on 18th July, 2024 Petitioners submitted an online application for registration of their marriage before the Sub-Divisional Magistrate, Patel Nagar, New Delhi,1 in compliance with the Delhi (Compulsory Registration of Marriage) Order, 2014.2 2.

It is stated that on 22nd July, 2024, the Petitioners appeared before the SDM along with their witnesses which was followed by the verification of documents. Subsequently, on 31st July, 2024, notice was issued by the SDM 1 "the SDM"

2 "the Registration Order"

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

which was also displayed at the conspicuous place inviting objections to the Petitioners' marriage, if any.

3.

In the above background, the Petitioners request that since both of them are presently residing in Canada, it is difficult for them to appear physically for the purpose of registration of marriage. It is asserted that while Petitioner No. 1 can appear physically before the SDM, however, it is not feasible for Petitioner No. 2 to undertake such travel. Accordingly, it is requested that Petitioner No. 2 may be permitted to join the proceedings through video-conferencing mechanism.

4.

The Court has considered the facts and contentions urged by the parties. Notably, Petitioners have previously appeared physically before the SDM for verification of their documents. The attention of this Court has been drawn to the decisions of this Court in Madiha Shariq and Another v. Govt. of NCT of Delhi and Anr.3 and Reena Chadha & Anr. v. Govt. of NCT of Delhi 4 whereby this Court in similar circumstances, has allowed appearance of parties through video-conferencing mechanism, subject to certain conditions.

5.

In light of the above, the present petition is disposed of with the following directions:

(a) Petitioner No. 2 is permitted to join the proceedings before the SDM, Patel Nagar, New Delhi for the purpose of registration of marriage through the video-conference mechanism.

(b) The Indian High Commissioner at Toronto, Canada is directed to permit Petitioner No. 2 to join through video conferencing for the purpose of 3 W.P.(C) 9768/2022 decided on 31st July, 2023 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

registration of the marriage on 6th November, 2024. (c) The witnesses as required by the registration under the Registration Order shall appear physically before the SDM, Patel Nagar, New Delhi along with their original ID proofs, on the date fixed decided by the parties. 6.

A copy of this order be dispatched to Mr Anurag Ahluwalia, CGSC, to transmit the same to the Indian High Commission at Toronto, Canada, through proper channel.

7.

With the above directions, the present petition along with pending application is disposed of.

SANJEEV NARULA, J OCTOBER 22, 2024/ab 4 W.P.(C) 6653/2021 decided on 09th September, 2021 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.