🕌 Procedure to Register a Nikahnama Done by Local Maulvi: Delhi vs UP (Practical Approach) – Advocate Javed Ahmad

The registration of marriage in India is compulsory, following the Supreme Court’s mandate (Seema vs. Ashwani Kumar, 2006).

Aspect	Delhi	Uttar Pradesh (UP)
Governing Rules	Delhi (Compulsory Registration of Marriage) Order, 2014	Uttar Pradesh Compulsory Registration of Marriages Rules, 2017
Registering Authority	SDM Office (Sub-Divisional Magistrate) or Marriage Registrar.	Sub-Registrar Office (Tehsil/District).
Act Used (Ground Reality)	Registration is currently happening under the Special Marriage Act (SMA), 1954.	Registration is primarily under SMA, 1954, or local rules.
High Court Impact	Delhi High Court has instructed the government to create a separate portal for Muslim marriages under Muslim Personal Law, bypassing the mandatory 30-day notice period of the SMA.	Local rules are generally followed.
Time Period (Practical)	Under SMA: Requires the mandatory 30-day notice period.	Under SMA: Requires the mandatory 30-day notice period.

📝 Step-by-Step Procedure: Nikahnama Registration

To obtain a Marriage Certificate after a Nikah performed by a local Maulvi/Qazi, the following general steps must be followed:

Original Nikahnama: Duly signed and sealed by the Qazi/Maulvi.
Identity Proof: Aadhaar Card/PAN Card/Voter ID/Passport for the Bride, Groom, and all Witnesses.
Address Proof: Residence proof of the Bride, Groom, and Witnesses (usually within the SDM’s jurisdiction).
Date of Birth Proof: (Matriculation Certificate/Birth Certificate/Passport).
- Groom: Must be 21 years or above.
- Bride: Must be 18 years or above.
Photographs: Passport-sized photos of the Bride, Groom, and Witnesses.
Marriage Photographs: Photos from the Nikah ceremony.
Affidavits: Separate affidavits from the Bride and Groom declaring their marriage, absence of any prohibited relationship, and fulfillment of all conditions.
Previous Marriage Proof: (Divorce Decree or Death Certificate of spouse), if applicable.

Delhi: Visit the e-District Portal. Select ‘Marriage Registration Certificate’, fill the form, and upload scanned documents.
Uttar Pradesh: Apply through the state’s IGRS (Integrated Grievance Redressal System) portal or the relevant district portal.
- Practical Note: During this step, the portal often defaults to the SMA or HMA framework, leading to the practical difficulty of the 30-day notice period.

Pay the prescribed registration fee online.
Book an appointment with the Registrar (SDM / Sub-Registrar) office for document verification and physical presence.

On the scheduled date, the Bride, Groom, and at least two Witnesses must be present at the Registrar’s office with all Original Documents.
The Registrar/Officer will verify the documents.
Witnesses will confirm their identity and sign the registration form.

The information regarding the Delhi High Court’s ruling (e.g., Faizan Ayubi & Anr. vs. Govt of NCT of Delhi, 2024) is crucial:

The High Court stated that Muslim marriages governed by Sharia Law should be registered under the Delhi Compulsory Registration Order, 2014, without invoking the 30-day notice period of the SMA.
The 30-day notice is seen as contradictory to the immediate nature of Muslim personal laws and delays the process unnecessarily.
The Court ordered the Delhi Government to update its online software to facilitate this change.

Until the Delhi Government updates its portal:

The Problem: Couples are practically forced to apply under the SMA.
The Result: The mandatory 30-day notice period is still being applied, causing a delay in obtaining the certificate.
Expedited Solution (Legal): In cases of urgency, couples may file a Writ Petition in the High Court, which then directs the SDM to register the Nikahnama immediately, bypassing the SMA notice. This is a costly and time-consuming legal recourse.

Upon successful completion of the process and expiry of the notice period (if applicable), the Marriage Registrar issues the Marriage Certificate.
This certificate serves as the legally valid governmental document that grants official recognition to the Nikahnama.