The Delhi High Court ruled that the parties willing to
The Delhi High Court ruled that the parties willing to marry do not have to be physically present for the registration of marriage, they can be present through video conference mode before the concerned sub-division magistrate.
Reena Chadha and Anr. v. Govt. of NCT Delhi
The Single Judge Bench of Justice Rekha Palli observed that the term “personal presence” does not necessarily mean physical presence while relying on a judgement of the Delhi High Court in Charanjit Kaur Nagi v Govt. of NCT of Delhi And Ors.
The plea was filed by an NRI couple for their registration of marriage in New Delhi. It was informed to the court that they were married back in 2001 and were currently residing in the USA. But due to Covid-19 restrictions, they are unable to travel to India, therefore, cannot make a physical appearance before the SDM.
They had urged the court to direct Delhi Government to accept their online application for the registration of their marriage under the Delhi (Compulsory Registration of Marriage Order, 2014) and to permit them to appear before the concerned authority via video conferencing.
The counsel appearing for the petitioners submitted that the government had misinterpreted provision 4 of the Compulsory Registration of Marriage Order and the petitioners required the marriage registration certificate to apply for a Green Card in the US.
The counsel appearing for the Delhi Government submitted that the physical appearance of both parties is necessary for verification purposes and that it is a mandatory provision for the parties to be present personally for the registration of the marriage.
Therefore the court held that “personal presence” does not mean physical presence and both parties can be present virtually before the magistrate.
