Delhi HC: Update Your Software To Meet Requirement Of Marriage Registration Via VC

Background of the Case

• The title of the case is Reena Chadha & Anr. v. Government of National Capital Territory of Delhi (GNCTD).
• An NRI couple has filed the present Petition.
• The couple is requesting a physical appearance exemption for Marriage Registration.
• They claimed to have been married as far back as December 6, 2001, and are residents of the United States.

Submissions by Petitioners

• The petitioners' attorney, Vibha Dutta Makhija, stated that the couple has applied for their green card and must submit all required documents, including the marriage registration certificate, which is currently pending due to the State's inaction.
• She stated that the couple had submitted an online application for marriage registration under the Delhi (Compulsory Registration of Marriage Order, 2014) and that they had requested permission to appear before the relevant authority via video conferencing.

Submissions by Respondents

• The Delhi government informed the Delhi High Court on August 25, 2021, that it cannot allow marriage registration via video conferencing because the software used for that purpose does not allow it.
• On instructions, Advocate Shobhana Takiar, appearing for the Respondent-authority, stated that, similar to how one must be physically present and have their picture taken by the system camera for an Aadhar application, the physical presence of couples cannot be waived for a marriage registration software.

Observations of the Court

• Justice Rekha Palli heard the Petition in the Delhi High Court.
• The Court stated that if the law allows it, the software must be updated to reflect this. It is the Government's issue if the software does not support it.
• The Court asked the relevant authorities to take the necessary steps in this regard. As a last resort, it granted three days to file an affidavit.
• On August 25, 2021, the Court expressed an interest in resolving the case as soon as possible and asked opposing counsel to obtain positive instructions by the next date.
• The next date for the hearing of the case has been set on September 6, 2021.

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