Private bodies cannot pass marriage dissolution orders: HC

CHENNAI: Observing that the private bodies cannot pronounce or certify the dissolution of marriage in the name of Khula, the Madras High Court quashed a Khula order issued for terminating a marriage by Shariat Council.

"While it is open for a Muslim Woman to exercise her inalienable rights to dissolve the marriage by Khula recognized under the Muslim Personal Law (Shariat) Application Act, 1937 by approaching a Family Court, it cannot be before a self-declared body consisting of few members of Jamath,” Justice C Saravanan held.

The judge passed the order allowing a petition filed by a man. The petitioner challenged the marriage dissolution order passed by the Shariat Council by issuing a Khula certificate in favor of the petitioner's wife.

The judge further clarified that the respondent councils are not the Courts or Arbitrators of disputes.

"The courts have also frowned upon such practice as mentioned above. This Court has also granted an interim stay vide order in the Bader Sayeed Vs Union of India, 2017 case. It has restrained the bodies such as the respondents therein (Kazis) from issuing such Certificates certifying dissolution of marriage by Khula,” Justice Saravanan held.

The judge further held that the impugned Khula Certificate dated June 21, 2017, issued by the Shariat Council is liable to be quashed and is accordingly quashed.

"The petitioner and the third respondent are directed to approach the Tamil Nadu Legal Services Authority or a Family Court to resolve their disputes," the court ordered.