'How was Waqf board authorized to register Muslim marriages? asks Karnataka HC

By Vinaykumar Patil | First Published Nov 16, 2024, 10:48 AM IST

The Karnataka High Court has questioned the legality of the Karnataka Waqf Board’s authority to issue Muslim marriage certificates. The Court asked the government to clarify under which law the Board was granted this power. The case will be heard again on November 21.

The Karnataka High Court has raised concerns over the authority granted to the Karnataka State Waqf Board to issue marriage registration certificates for Muslims. The Court has questioned under which law the Board was given this power and has asked the government to clarify.

This issue came to light when Alampasha filed a Public Interest Litigation (PIL) challenging an order issued by the State Minorities, Waqf, and Haj Department on September 30, 2023. The order had authorized the Karnataka Waqf Board to handle marriage registration certificates for the Muslim community.

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When the petition was heard before a division bench led by Chief Justice NV Anjaria, the government’s counsel appeared and requested two weeks to file objections to the petition. However, the bench disagreed with the request and adjourned the hearing to November 21, directing the government to submit the objections in writing at that time.

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The Court also asked the government to provide proof of the legal basis under the Wakf Act that allows the Board to issue marriage registration certificates. It noted that the government’s order issued on September 30, 2023, appears to go against the provisions of the Wakf Act, 1995. As a result, the petition seeks to have the government’s order quashed.

The case is set to be heard again on November 21, when the government is expected to clarify the legal foundation for the decision.

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