Asher Ahmed v. Govt. Of NCT Delhi & ORS.

$~84 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 15772/2024 ASHER AHMED .....Petitioner Through:

Ms. Anam Siddiqui, Advocate versus GOVT. OF NCT DELHI & ORS.

.....Respondents Through:

Ms. Hetu Arora Sethi, ASC for GNCTD/R-1 & 2

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 13.11.2024 1.

Petitioner and Respondent No. 3 got married according to Islamic rites and ceremonies on 22nd October, 2007. Respondent No. 3 relocated to Canada for better education of her daughters and to advance their career. Subsequently, on 22nd October, 2024, Respondent No. 3 submitted an application on the online portal of Revenue Department, GNCTD for registration of their marriage before the Sub-Divisional Magistrate, Defence Colony, New Delhi,1 in compliance with the Delhi (Compulsory Registration of Marriage) Order, 2014.

2.

It is stated that on 25th October, 2024, Petitioner appeared before the SDM, however, in absence of Respondent No. 3, the SDM declined to proceed with their application.

3.

In the above background, Petitioner asserts that he shall appear physically before the SDM on the date specified, however, since Respondent 1 "the SDM"

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/11/2024 at 12:23:40

No. 3 is unable to undertake travel for the purpose of registration of their marriage, she may be permitted to join the proceedings through videoconferencing mechanism. 4.

The Court has considered the facts and contentions urged by the parties. 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.2 and Reena Chadha & Anr. v. Govt. of NCT of Delhi 3 whereby this Court in similar circumstances, has allowed appearance of parties through videoconferencing mechanism, subject to certain conditions. 5.

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

(a) Respondent No. 3 is permitted to join the proceedings before the SDM, Defence Colony, New Delhi for the purpose of registration of marriage through the video-conference mechanism, however, Petitioner shall be present physically before the SDM.

(b) The witnesses, as required under the Delhi (Compulsory Registration of Marriage) Order, 2014, shall appear physically before the SDM, Defence Colony, New Delhi along with their original ID proofs, on the date specified.

6.

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

SANJEEV NARULA, J NOVEMBER 13, 2024/ab 2 W.P.(C) 9768/2022 decided on 31st July, 2023 3 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. The Order is downloaded from the DHC Server on 18/11/2024 at 12:23:40