Karnataka High Court notice to State on plea questioning legality of authorising Board of Auqaf to give marriage certificates to Muslims  

The High Court of Karnataka on Wednesday ordered issue of notice to the State government on a PIL petition, which had questioned the legality of the notification issued last year authorising the Karnataka State Board Auqaf and its Wakf officers in the districts to issue marriage certificates to married Muslim applicants.

A Division Bench comprising Chief Justice N.V. Anjaria and Justice K.V. Aravind passed the order on the petition filed by A. Alam Pasha, founder of NGO – The Helping Citizen and People’s Court, Bengaluru.

The petitioner contended that the notification issued on September 30, 2023, authorising the board to register marriages is contrary to the provisions of the Wakf Act, 1995. “The notification is beyond the legislative mandate of the Wakf Act as this law does not empower the Wakf Boards to register the marriages of Muslims,” the petitioner contended.

Pointing out that though marriages based on any personal laws is valid in the eyes of law, it was contended in the petition that the registration of all marriages in the State will have to be mandatorily as per the provisions of the Karnataka Marriages (Registration and Miscellaneous Provisions) Act, 1976, which provides uniform law for registration of marriages.

As the power under the law to register the marriages under the 1976 Act is vested with the sub-registrars of Stamps and Registration under the Department of Revenue, State Board of Auqaf or its Wakf officers cannot be permitted to register marriages of Muslim as the State government itself has no power under the Wakf Act to authorise the Board to register the marriages, it has been contended in the petition.

Published - October 16, 2024 06:34 pm IST