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Aryan Arianfar & Anr vs State Govt. Of Nct Of Delhi & Ors on 11 August, 2021

Author: Rekha Palli

Bench: Rekha Palli

                          $~2
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      W.P.(C) 7951/2021
                                 ARYAN ARIANFAR & ANR.
                                                                                        ..... Petitioners
                                                   Through    Mr.Dibyanshu     Pandey,   Mr.
                                                   Veeraragavan N., Mr. Rakesh Kumar and Ms.
                                                   Soumya Kumar, Advs.

                                                   versus

                                 STATE GOVT. OF NCT OF DELHI & ORS.
                                                                                      ..... Respondents
                                                   Through     Mr. Anuj Aggarwal, ASC, GNCTD
                                                   with Ms. Ayushi Bansal, Adv. for respondent no.
                                                   1 & 2.
                                                   Mr. Vivek B. Saharya, Senior Panel Counsel for
                                                   respondent No.3, UOI

                                 CORAM:
                                 HON'BLE MS. JUSTICE REKHA PALLI
                                         ORDER

% 11.08.2021

1. The present petition has been preferred by two foreign nationals who claim that their marriage was solemnised at New Delhi on 05.04.2021. The grievance of the petitioners is that despite their repeated requests to respondent no. 2, they have not even been granted an appointment with respondent no.2 for registration of their marriage under the Special Marriage Act.

2. On the last date, learned counsel for respondents no. 1 & 2 were granted time to obtain instructions. Today, Mr. Aggarwal submits that the Signature Not Verified Signed By:GARIMA MADAN Location: Signing Date:12.08.2021 13:42:29 respondents are in the process of making relevant changes in its e-portal to ensure that such grievances are not raised by other similarly placed persons in the future. He, however, submits that the said process is likely to take some time and therefore, the petitioners cannot be granted an online appointment till the revised guidelines are issued and relevant changes made on the e-portal.

3. Learned counsel for the petitioners submits that the petitioners, who have been staying in India on an extended visa, are desirous of returning to their country and therefore, pray that the respondent no.2 be directed to permit them to physically visit the office of the respondents for registration of their marriage.

4. Learned counsel for the respondent nos.1&2 has no objection to the said request.

5. In the light of the aforesaid facts, the respondent no.2 is directed to communicate a date for a physical appointment to the petitioners within the next three days, in order to facilitate the registration of their marriage. The said communication be also sent to the learned counsel for the petitioner. It is expected that in the meanwhile, the respondents will take expeditious steps for amending the relevant guidelines and make the necessary changes in the e-portal to enable foreign nationals, whose marriages are solemnized in Delhi, to apply on the e-portal for registration of their marriage.

6. In the light of the aforesaid stand taken by the respondents, the requirement of filing counter affidavit(s) is waived for the present. In case the need so arises, appropriate directions in this regard will be passed at a later stage.

7. List on 21.09.2021.

REKHA PALLI, J AUGUST 11, 2021/acm Signature Not Verified Signed By:GARIMA MADAN Location: Signing Date:12.08.2021 13:42:29