Bengaluru, Jan 10 (IANS) The Karnataka High Court bench headed by Chief Justice N.V. Anjaria and Justice M.I. Arun on Monday expressed concern and questioned the Waqf Board’s authority to issue marriage and divorce certificates to couples belonging to the Muslim community.
The bench made the observation while looking into the Public Interest Litigation (PIL) petition filed by one Alam Pasha to quash the government order authorising the Waqf and Haj Department of the State government empowering Waqf Boards in Karnataka to issue marriage and divorce certificates.
The matter has been adjourned to February 19 granting the time for the Congress-led government to respond to the petition challenging the government order.
The court had stayed the government order made in 2023 in this regard.
The bench expressed surprise that the Waqf Board was granting marriage and divorce certificates as well. The bench further stated that this is an important matter and much time won’t be given to respond. The Waqf board has no authority under the Waqf Act to issue marriage and divorce certificates.
The Government Order was issued by the Under Secretary of the Minority, Waqf and Haj Department in 2023 empowering Waqf boards in this regard.
The petitioner has claimed that the Waqf Act is only concerned with movable and immovable properties and there is no provision under the law to enable the Waqf Board to issue marriage and divorce certificates.
The state government earlier submitted to the court that the order was issued after the request from the Muslim community that after marriage, those couples who travelled abroad faced difficulty in obtaining marriage certificates.
The petition contended that under the Kazi Act of 1988, earlier the Kazi (religious person who performs marriage ceremonies) was authorised by the Waqf Board to issue marriage certificates. The Kazi Act was repealed in 2013 and the state has given the powers to the Waqf board.
