Page No.# 1/6 GAHC010093902026 2026:GAU-AS:7239 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2602/2026 IMDADUL HUSSAIN AND ANR S/O JAKIR HUSSAIN, VILLAGE- HAIDUBI, P.O. BATAMARI, SUB-DIVISION, DHING, DISTRICT- NAGAON, ASSAM 2: ZOYA MUSKAN ALIAS KABERI DEBNATH D/O MITHU DEBNATH VILLAGE-MAIRABARI GAON SUB-DIVISION- LAHARIGHAT P.O. MOIRABARI DISTRICT- MORIGAON ASSA VERSUS THE DISTRICT COMMISSIONER AND ANR DISTRICT- NAGAON, P.O. P.S AND DISTRICT- NAGAON, ASSAM- 782001 2:THE CIRCLE OFFICER DING REVENUE CIRCLE DISTRICT- NAGAON P.O. P.S.- DHING DISTRICT- NAGAON ASSAM- 78200 Advocate for the Petitioner : MR. A M BARBHUIYA, MS S R MAZARBHUIYA Advocate for the Respondent : GA, ASSAM, MS N BORDOLOI, SC, REVENUE DEPTT. Page No.# 2/6 BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 25.05.2026 Heard Ms. S.R. Mazarbhuiya, learned counsel for the petitioners and Mr. H. Sharma, learned Additional Senior Government Advocate, Assam for the respondent nos. 1 & 2. 2. The two petitioners herein have stated that both of them are majors, and have intended to solemnize their marriage and register it under the provisions of the Special Marriage Act, 1954. The petitioners have stated that for the purpose of the intended marriage, the petitioners had earlier submitted an Application online on 21.11.2025 as issuance of Marriage Certificate under the Special Marriage Act has been declared to be a notified public service under the provisions of the Assam Right to Public Services Act, 2012, as amended. The Application dated 21.11.2025 was acknowledged vide Acknowledgement no. RTPS-MRG/2025/4701050. 3. The petitioners have stated that after the Application dated 21.11.2025, no date was given for solemnization of their marriage and its registration, though there was no objection from any corner. Due to inordinate delay on the part of the Marriage Officer, the registration of the marriage in terms of the first application could not be finalized as the requisite time period had elapsed in the meantime. The petitioners have stated that they have again submitted an Application online on 28.04.2026. The said Application for registration of marriage was received vide Acknowledgement no. RTPS-MRG/2026/6655464. It is the case of the petitioners that the said Application has not been processed by the respondent no. 2, the Circle Officer, Ding Revenue Circle, District – Nagaon on some spacious ground. 4. By an Office Memorandum under Memo no. RRG.12/2012/100-A dated 12.04.2013, the State Government in the Revenue & Disaster Management Department has notified the General Guidelines regarding the standard procedure to be followed for providing service relating to issue of Marriage Certificates. For ready reference, the contents of the Office Memorandum are reproduced hereinbelow :- Page No.# 3/6 Office Memorandum Subject : General Guidelines regarding the standard procedure to be followed for providing service relating to issue of Marriage Certificates. Issuance of Marriage Certificate An important service which is provided by Marriage Officer of the district is to register marriage and to issue copy of the Marriage Certificate. This service can be obtained in the Offices of the Marriage Officer [Deputy Registrar Sr. Sub-Registrar/Sub-Registrar who is designated as Marriage Officer] Eligibility Criteria An eligible person can apply for registration of a marriage and issue of marriage certificate intended to be solemnized under Special Marriage Act, 1954 or where marriage has already been performed as specified in this said act. Procedure [a] In case of marriage already performed : Both the parties, i.e. the husband and wife will apply in a prescribed format as per Section 15 of Special Marriage Act, 1954 in triplicate to Marriage Officer with signature of three [3] other witnesses and deposit necessary fees as applicable. After expiry of thirty days within next 60 days both the parties will appear from the date of application before the Marriage Officer for Registration of their marriage. If no objection is received within the period of thirty days, the Marriage Officer, after getting signature of both the Husband and wife along with three [3] witnesses, the Marriage will be registered and a Marriage Certificate will be issued to the applicant. [b] In case of intended Marriage : Persons eligible to enter into marriage [Bride and the Bridegroom] will issue Page No.# 4/6 notice of intended marriage to the Marriage Officer with signature of witnesses in the prescribed form in triplicate and deposit necessary fees as applicable. After expiry of 30 days from the date of notice, and within next 60 days both the parties will appear before the Marriage Officer for Solemnization of their Marriage. They will submit a declaration under Section 11 of Special Marriage Act, 1954 before the Marriage Officer with three [3] witnesses. The Marriage Officer, after taking declaration from the Bride and Bridegroom will administer an oath by them in presence of three witnesses issues the Marriage Certificate with signature of both parties along with three witnesses. Documents to be enclosed For [a] In case of marriage already performed 1. Application in Prescribed Form [Annexure-I] 2. Two [2] copies of joint photograph of both husband and wife. 3. Proof of Residency of both husband and wife and witness. 4. Age Certificate of husband and wife. 5. Proof of marriage already performed or an affidavit in this regard. For [b] In case of intended Marriage : 1. Notice in Standard Format. [Annexure-II] 2. Declaration in standard form at the time of Registration of marriage. [Annexure-III] 3. Oath in standard form at the time of Registration of marriage. [Annexure- IV] 4. Two [2] copies of photograph of both Bride and Bridegroom. 5. Proof of Residency of both Bride and Bridegroom and witness. 6. Age Certificate of Bride and Bridegroom. Page No.# 5/6 User Charge :- Rs. 200/- Citizen Charter :- At Appendix-A. 5. From the Office Memorandum, it is noticed that in case of intended marriage, persons eligible to enter into marriage [the Bride and the Bridegroom] would have to issue notice of intended marriage to the Marriage Officer with signature of witnesses in the prescribed form in triplicate and deposit necessary fees as applicable. After expiry of 30 days from the date of notice, and within next 60 days, both the parties would have to appear before the Marriage Officer for solemnization of their Marriage. The applicants have to submit a declaration under Section 11 of the Special Marriage Act, 1954 before the Marriage Officer with three [3] witnesses. The Marriage Officer, after taking declaration from the Bride and the Bridegroom, would administer an oath by them in presence of three witnesses and issue a Certificate with signature of both the parties along with three witnesses. 6. As the petitioners have contended that they have submitted the online Application on 28.04.2026 along with all the requisite documents in terms of the Office Memorandum dated 12.04.2013 and a period of 30 days from 28.04.2026 are yet to expire, the writ petition preferred under Article 226 of the Constitution of India seeking a direction for extending the service of registration of Marriage and issuance of Marriage Certificate is found to be premature. Moreover, neither the State Government in the Revenue & Disaster Management Department nor the jurisdictional Marriage Officer has been made party-respondent in the writ petition. In such view of the matter, the writ petition is also not maintainable for non- impleadment of necessary parties. 7. Be that as it may, as the period of 30 days has not yet expired and it is open for the petitioners to appear before the Marriage Officer before 60 days after expiry of a period of 30 days, it is open for the petitioners to appear before the Marriage Officer to consider their application, stated to have been submitted on 28.04.2026, and if upon their appearance, the Marriage Officer finds that the Application is complete in all aspects and the documents submitted along with it are as per the Office Memorandum dated 12.04.2013, then the Marriage Officer shall proceed to consider the application in accordance with law. Page No.# 6/6 JUDGE Comparing Assistant