Anurag Malik & Anr. vs Govt Of Nct Of Delhi & Anr.

Court
Delhi High Court

$~102
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5342/2026
Date of Decision: 21.04.2026
IN THE MATTER OF:

ANURAG MALIK & ANR.
.....Petitioner
Through: Vikas Kumar Pandey, Hemdeep
Moran, Dinesh kumar Singh,
Advocates.

versus

GOVT OF NCT OF DELHI & ANR.
.....Respondent
Through: Mr. Mohit Aggarwal, Advocate.

CORAM:
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
J U D G E M E N T

PURUSHAINDRA KUMAR KAURAV, J. (ORAL)

1. The present petition under Article 226 of the Constitution of India has
been filed by an Indian couple residing in the United States of America
(USA), seeking a direction to the concerned Sub-Divisional Magistrate
(SDM), New Delhi to register their marriage in accordance with the
provisions of the Delhi (Compulsory Registration of Marriage) Order,
2014 (hereinafter referred to as the ‘registration order’) without insisting
on their physical appearance.
Signature Not Verified
Signature Not Verified
Signed
By:PURUSHAINDRA
KUMAR KAURAV
Signed By:PRIYA
Signing Date:28.04.2026
18:53:10

2. The petitioners state that their marriage was solemnized on
19.04.2022 at “The Royal Imperial Feast Opp. Bathla Apartment, I.P
Extension, Patparganj, New Delhi” in accordance with Hindu rites and
customs as per the Hindu Marriage Act, 1955 . Both the petitioners are
residing in the USA and are unable to travel on account of work
commitments and care of their 8-month-old minor child.
3. It is further stated that Ms. Veena Dhawan, mother of petitioner no.2
and mother-in-law of petitioner no.1, has been appointed as the Special
Power of Attorney (‘SPA’ ) holder to sign the requisite documents. Learned
counsel for the petitioners submits that the petitioners may be permitted to
appear through video conferencing before the concerned Sub-Divisional
Magistrate (‘SDM’) for verification of the solemnization of marriage.
4. Learned counsel appearing for the respondents opposes the
submission that the authenticity of the documents pertaining to the
solemnization of marriage may be conducted over the virtual presence of the
petitioners, along with the physical presence of their SPA holder. He
submits that the registration order does not contain any express provision
that permits appearance through video conferencing. According to him, the
personal appearance of the parties is required for verification and
completion of registration formalities.
5. The Court, however, finds that in the case of Reena Chadha & Anr.
1
v. Govt. Of NCT of Delhi and Sarabjeet Singh Narula & Anr. v. Govt. of
2
NCT of Delhi , this Court has permitted parties residing abroad to appear
through video conferencing/virtual platform for registration of marriage,

1
WP(C) 6653/2021
2
WP(C) 3257/2026
Signature Not Verified
Signature Not Verified
Signed
By:PURUSHAINDRA
KUMAR KAURAV
Signed By:PRIYA
Signing Date:28.04.2026
18:53:10

subject to due verification and completion of procedural formalities.
6. The registration order was framed at a time when the use of
technology was far more limited. With the advancement of technology, the
existing registration order of 2014 requires a suitable reconsideration. It is
now a matter of common knowledge that the virtual presence of a person
residing in another country can be effectively secured through video
conferencing. When technology has become a reliable means for
uninterrupted communication and institutional functioning, the Court cannot
always hold a rigid interpretation of the requirement of physical appearance,
so as to prevent citizens from accessing a statutory process. As Oliver
the life of the law has not been logic; it
Wendell Holmes, Jr. famously observed, “
has been experience.
”
7. The registration order is an administrative scheme promulgated at the
instance of the Supreme Court to encourage registration of marriages. It
must, therefore, be interpreted in a manner that ensure its base is met
without creating any unnecessary obstacles to the beneficiaries. The
insistence on physical appearance, even when their personal appearance can
be easily secured through video conferencing, along with the physical
appearance of the SPA holder, will make it cumbersome for the parties to
come forward for registration of marriages, especially for persons residing
abroad.
8. No doubt, the right of the registering authority to verify the
genuineness of the parties, the documents presented, and the authority of the
SPA holder cannot be curtailed. However, such verification can be
undertaken by adopting appropriate virtual means, without insisting upon an
in-person appearance of the applicants. If for any reason the authority finds
Signature Not Verified
Signature Not Verified
Signed
By:PURUSHAINDRA
KUMAR KAURAV
Signed By:PRIYA
Signing Date:28.04.2026
18:53:10

that without physical appearance, the verification is not possible, in those
cases parties can still be insisted to appear physically.
9. In the instant case, the identity of the petitioners can be verified by
their respective parents. In addition, two independent witnesses shall also be
directed to remain physically present to verify the identity of the petitioners,
who shall be appearing on a virtual platform/ VC.
10. In view of the aforesaid, there is no impediment in disposing of the
instant writ petition. Accordingly, the same stands disposed of with the
following directions:

(i) The concerned SDM shall fix a mutually convenient date for
enabling the petitioners to appear through video conferencing.
(ii) Let the parents of both the petitioners remain physically present
along with their original identity documents for verification.
(iii) Let the two independent witnesses, in addition to the parents of
the petitioners, remain physically present before the concerned
SDM to verify the identities of the petitioners and of the
petitioners’ parents.
(iv) If the aforesaid directions are complied with, the pending
application for the registration of marriage shall be dealt with
on merits without insisting on the physical presence of the
petitioners.


(PURUSHAINDRA KUMAR KAURAV)
JUDGE
APRIL 21, 2026
aks
Signature Not Verified
Signature Not Verified
Signed
By:PURUSHAINDRA
KUMAR KAURAV
Signed By:PRIYA
Signing Date:28.04.2026
18:53:10