Page No. 1/3 GAHC010122502025 2025:GAU-AS:15723 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3189/2025 ANJANA RAY AND ANR D/O- ABHAY RAY, VILL- NORTH SALMARA PT-I, P.O- NORTH SALMARA, P/S- ABHAYPURI, DIST- BONGAIGAON, (ASSAM) PIN-783383. 2: FAIJUR RAHMAN S/O- ROFIJUDDIN AHMED VILL- DUMURIA PT- I P.O- ABHAYAPURI P/S- ABHAYPURI DIST- BONGAIGAON (ASSAM) PIN-783384 VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI-781006. 2:THE DISTRICT COMMISSIONER CUM DISTRICT REGISTRAR BONGAIGAON DISTRICT- BONGAIGAON ASSAM PIN-783380. 3:THE SUB-REGISTRAR ABHAYAPURI DISTRICT- BONGAIGAON ASSAM PIN-783380 Advocate for the Petitioner : MR. M I HUSSAIN, MS. P AHMED,R KHA Advocate for the Respondent : GA, ASSAM, SC, REVENUE Page No. 2/3 BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 19.11.2025 Heard Mr. M.I. Hussain, learned counsel for the petitioners; Mr. R. Borpujari, learned Standing Counsel, Revenue and Disaster Management Department for the respondent no. 1; and Mr. H. Sharma, learned Additional Senior Government Advocate, Assam for the respondent nos. 2 & 3. 2. The two petitioners have stated that they fulfilled all the conditions for solemnization of their marriage as per the provisions of the Special Marriage Act, 1954 and they submitted an application on 24.10.2024 before the Sub-Registrar, Abhayapuri, District – Bongaigaon. The petitioners have contended that despite approaches being made within 90 days from 24.10.2024, the respondent no. 3 did not register the special marriage. 3. Mr. Hussain and Mr. Sharma have submitted that the stand of the respondent no. 3 has been recorded in an affidavit-in-opposition filed on 11.11.2025, which has not yet been brought on record. A copy of the said affidavit-in-opposition of the respondent no. 3 has been made available to the Court. 4. In the affidavit-in-opposition of the respondent no. 3, a stand has been taken, denying contentions made by the petitioners, that the application of the petitioners was approved on 11.12.2024 and the petitioners approached the respondent no. 3 only in the month of March, 2025 which was after 90 days from the date of the application for registering the marriage. As the stipulated 90 days period for registering the marriage expired on 03.03.2025, the special marriage of the petitioners could not be registered. 5. Mr. Hussain, learned counsel for the petitioners has submitted that the petitioners are ready to file a fresh application with complete particulars online and after submission of the application online, they would furnish the acknowledgement receipt to the office of the Page No. 3/3 respondent no. 3 so that the special marriage can be registered within a period between 30 days to 90 days from the date of submission. 6. Mr. Sharma, learned Additional Senior Government Advocate, Assam appearing for the respondent no. 3 has submitted that in the event the procedure is duly followed in filing a fresh application and the timeline is adhered to by the petitioners, the marriage would be accordingly registered. 7. In view of such broad consensus arrived at in the learned counsel for the parties in the afore-stated manner, there is no necessity to adjudicate the issue raised in this writ petition. Closing the writ petition, this Court observes that the authorities shall duly follow the procedure and timeline as per the provisions of the Special Marriage Act, 1954 and the rules and regulations framed thereunder, if the petitioners submit a fresh application for registration of their marriage fulfilling all the requirements. 8. The copy of the affidavit-in-opposition, stated to be filed by the respondent no. 3 on 11.11.2025, is to be traced out to be made part of the case record. JUDGE Comparing Assistant