The Karnataka High Court has extended its interim order suspending the State Waqf Board's authority to issue marriage certificates to Muslim couples. This decision stems from a Public Interest Litigation (PIL) filed by A. Alam Pasha, founder of the NGO 'The Helping Citizen,' challenging the legality of a government order dated August 30, 2023. The order had authorized the Waqf Board and its officers to issue marriage certificates to married Muslim applicants.
The division bench, comprising Chief Justice N.V. Anjaria and Justice K.V. Aravind, observed that the Waqf Act, 1995, does not confer upon the Waqf Board the authority to issue marriage certificates. The court emphasized that the issuance of such certificates is neither a matter connected with the Waqf Board nor incidental to its administration. The bench noted that the government's order appeared to be beyond the powers granted under the Waqf Act and amounted to an overreach of authority.
The petitioner argued that the Waqf Board's primary role is the management of waqf properties and that assigning it the function of issuing marriage certificates exceeds its statutory mandate. He contended that the government order creates a parallel system of marriage certification, potentially leading to inconsistencies with existing laws governing marriages in India. The petitioner also highlighted that the Karnataka Marriages (Registration and Miscellaneous Provisions) Act, 1976, provides a uniform law for the registration of marriages, and the Waqf Board's involvement could undermine this framework.
The court expressed dissatisfaction with the state government's repeated delays in filing a reply to the PIL. Despite multiple opportunities, the government had not submitted its affidavit, prompting the court to set a final deadline of June 9 for the submission. The bench made it clear that no further extensions would be granted and scheduled the next hearing for June 11. Until then, the interim order restraining the Waqf Board and its officers from issuing marriage certificates will remain in effect.
This case raises significant questions about the scope of the Waqf Board's powers and the proper channels for marriage registration. The court's decision underscores the importance of adhering to statutory provisions and ensuring that governmental bodies operate within their legal mandates. The outcome of this case could have broader implications for the administration of personal laws and the role of religious institutions in civil matters.
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