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2026 DAILYLAW 16336 (DEL)

AMIR KHAN & ANR. v. GOVT. OF NCT OF DELHI & ANR.

W.P.(C)/11803/2026 · 2026-08-17

Swarana Kanta Sharma

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~89 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010379572026 + W.P.(C) 11803/2026 AMIR KHAN & ANR. .....Petitioners Through: Mr. Kamlesh Kumar Mishra, Mr. Rustam Kuraishi, Ms. Sonam, Mr. Avinash Kumar, Mr. Jayant Anand, Ms. Shivani Verma, Dr. Sangeeta Verma, Mr. Amit Kumar and Mr. Padam Kumar, Advs. versus GOVT. OF NCT OF DELHI & ANR. .....Respondents Through: Mrs Avnish Ahlawat, SC for GNCTD with Mr Nitesh Kumar Singh, Ms Aliza Alam and Mr Mohnish Sehrawat, Advs. for GNCTD. Mr. Mohit Agarwal, Advocate. CORAM: HON'BLE DR. JUSTICE SWARANA KANTA SHARMA O R D E R % 17.08.2026 CM APPL. 54577/2026 (exemption) 1. Allowed, subject to all just exceptions. 2. Application stands disposed of. W.P.(C) 11803/2026 3. By way of the present writ petition, the petitioners seek following relief: “a. Issue a writ of mandamus or any other appropriate writ, order, or This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/08/2026 at 10:39:39 direction directing respondent no. 2 (SDM Model Town / Marriage Officer) to decide the Representation Dated 29.07.2026 moved by the Petitioner No. 1. b. Direct respondent no. 2 to immediately publish/issue the notice of intended marriage under section 6 of the special marriage act, 1954 in respect of application no. 90740000012535, without demanding a registered rent agreement or landlord ownership proof; c. Direct respondent no. 2 to complete the solemnization and registration of the marriage of the petitioners in a time-bound and expeditious manner by accepting the affidavit and corroborative residential proof submitted by the petitioners/landlord;;” 4. Briefly stated the facts of the present case, as mentioned in the writ petition, are that the petitioners are an adult interfaith couple, seeking solemnisation of their marriage under the Special Marriage Act, 1954. They state that they have been attempting to get their marriage solemnised for about eight months. Petitioner No. 1 claims to be residing within the jurisdiction of the SDM, Model Town and to have completed the requisite 30 day residence period. It is alleged that the SDM has refused to process their application and issued the statutory notice, insisting upon a registered rent agreement or registered ownership documents of the landlord. It is further stated that the landlord does not possess registered ownership documents but has furnished an affidavit along with certain government documents, including an electricity bill, voter identity card and ration card. The petitioners further state that petitioner No. 2 is pregnant and is expecting delivery shortly, and contend that the alleged refusal to process their application is arbitrary and violative of Articles 14 and 21 of the Constitution of India. It is further stated a representation dated 29.07.2026 was submitted to SDM Model Town by the petitioners, which has still not been decided. 5. After hearing learned counsels appearing on behalf of the petitioners This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/08/2026 at 10:39:39 and in view of the issue involved in the instant petition, this Court finds it appropriate to direct that the present petition filed before this Court be treated as a representation on behalf of the petitioner, and the respondents are directed to decide the same, within a period of four weeks from date, under intimation to the petitioner herein. 6. In above terms, the present petition stands disposed of. 7. In case of any further grievance, the petitioners will be at liberty to approach this Court by filing fresh writ petition. 8. The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J AUGUST 17, 2026/A/VS This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/08/2026 at 10:39:39