Madras High Court Judgment: The Madras High Court has ruled that Muslim women should only approach family courts to seek ‘khula’ (divorce) and not private institutions such as Shariat Parishads with certain members of the Jamaat. The court held that open certificates issued by private bodies are illegal in law. A bench of Justice C. Sivaraman set aside the Khula (divorce) certificate issued by the Shariah Council of Tamil Nadu Tauheed Jamaat, Chennai and directed the separated couple to approach the Family Court or Tamil Nadu Legal Services Authority to resolve their disputes gave.
The judge issued the direction while hearing a petition filed by a man seeking cancellation of the Khula certificate obtained by his wife from the Shariat Council in 2017. The petitioner also argued that the Shariat Council, registered under the Tamil Nadu Societies Registration Act, 1975, has no authority to issue such certificates. She also told the court that she had filed a petition for restoration of conjugal rights in 2017 and had also obtained an ex parte decree.
additional pending before a family court judge
He said that the petition for execution of the decree was pending before the Additional Family Court Judge. The court heard the petitioner and the Shariat Council, however, the petitioner’s wife remained absent, appearing in person or through counsel. The judge further said that under Section 7(1)(b) of the Family Courts Act, 1984, only the judicial forum is empowered to pass an order dissolving the marriage. Judge Sivaraman also noted that the Madras High Court in Badar Sayeed v. Union of India (2017) had barred the Khasis from issuing open certificates.
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