Delhi High Court says parties can register marriage without "physical" presence

The Delhi High Court on Thursday ruled that parties do not have to be physically present for the registration of a marriage and that it is sufficient that they are present through video conference mode before the concerned Sub-division Magistrate (SDM). (Reena Chadha and Anr. v Govt. of NCT Delhi). Justice Rekha Palli relied on principle laid down by Delhi High Court in Charanjit Kaur Nagi v Govt. of NCT of Delhi And Ors. to reiterate that "personal presence" does not necessarily mean physical presence..The Court was hearing a plea filed by an NRI couple for the registration of their marriage at New Delhi..The petitioners told the Court that they were married back in 2001 and were currently residing in the USA. .They had urged the Court to direct the government of Delhi 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..Appearing for the petitioners, senior advocate Vibha Datta Makhija, submitted that the government had misinterpreted provision 4 of the Compulsory Registration of Marriage Order. .The word "personal", in the said provision, was being construed as "Physical Appearance" by the State, and this was causing much harrassment to the petitioners, the Court was told..It was informed that since the petitioners were currently in the US and unable to travel to India due to COVID-19 restrictions, they cannot make a physical appearance before the SDM. .It was further submitted that the petitioners required the marriage registration certificate to apply for a Green Card in the US..Advocate Shobhana Takiar, appearing for the Delhi government, submitted that the physical appearance of both parties is necessary for verification purposes..Further, she contended that it is a mandatory provision that the parties have to be present for the registration of their marriage personally. Only under limited circumstances can the personal appearance be done away with, she said.."How is this mandatory? You are appearing in person through VC" the Court remarked..The Bench went on to allow the petition before it.