Henceforth all those who get married in Delhi can get it registered even if the couple who tied the knot or their parents are not residents of the capital. In a significant order set to bring cheer to thousands of youngsters who have migrated to Delhi and plan to get married in Delhi, the Delhi High Court has simplified marriage registration rules.
The court struck down as “ultra vires” a clause in the Delhi Hindu Marriage Registration Rules (DHMRR), which stipulates “one of the parties or his/her parents should be residing within the jurisdiction of the registrar, for more than thirty days.”
“The binding position of law laid down by the Supreme Court is bound to apply to this position of law which would lead to the invalidity of the clause. We are of the view that this court has no option but to strike down the impugned provision” a division bench comprising of Justices Mukul Mudgal and JP Singh said ordering the Office of Register of Marriages, New Delhi to register the marriage of one Vikram Aditya Singh.
The couple, residents of Delhi, approached the court after running from pillar to post to get their marriage registered as this rule came in the way. The hurdle- parent of the boy and the girl were residing in Noida and Jaipur respectively. The registrar in Delhi declined to register their marriage citing the clause.
The registrar at Noida also turned them back saying the marriage was not solemnized within his jurisdiction. Similar fate met them when they approached Registrar at Jaipur. The couple was in a hurry as they were soon expecting a child and non-registration may create problems for seeking a passport for the new-born. The baby had to be taken to Maldives where they were working.
The bench upheld the contention of their lawyer VP Singh that SC while interpreting the HMA in a case had held that marriage should be registered in the state where it was solemnized and consequently, no rule or a form could stipulate terms contrary to the said binding position of law.
“We hold that the amendment to the Delhi Hindu Marriage rules cannot be so interpreted as to deny the registration of the marriages of parties whose marriage is solemnized in Delhi whether or not the parties to the marriage or their parents are residents of Delhi,” the judges said.