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Muslim women can only approach family court for divorce, not Shariat Council: Madras HC

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A self-declared body consisting of few members of Jamath cannot pronounce or certify the dissolution of marriage by Khula, the court said.

Chennai, Feb 02: A Muslim woman can exercise her rights to dissolve a marriage through the 'Khula' procedure by approaching a family court, but cannot do so before private bodies such as a Shariat Council, ruled Madras High Court on Thursday.

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A self-declared body consisting of few members of Jamath cannot pronounce or certify the dissolution of marriage by Khula, the court said.

"They are not courts or arbitrators of disputes. The courts have also frowned upon such practice...," the court held.

Such Khula certificates issued by private entities are hence invalid.

"Khula is the form of divorce conferred upon wife similar to talaq conferred upon the husband," the court said according to PTI.

In his judgment on a writ petition by a man who prayed for quashing the Khula certificate issued to his wife, Justice C Saravanan quashed the impugned certificate issued in 2017 by Shariat Council, Tamil Nadu Towheed Jamath here.

The Madras High Court granted an interim stay in Bader Sayeed Vs Union of India, 2017 and restrained bodies such as the respondents in that matter (Kazis) from issuing certificates certifying dissolution of marriage by Khula, the judgment said.

"Thus, 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."

The impugned Khula certificate issued by the Shariat Council is quashed. The High Court directed the petitioner and his wife to approach the Tamil Nadu Legal Services Authority or a family court to resolve their disputes.

In this matter, the petitioner relied upon a Supreme Court decision in Vishwa Madan Lochan Vs Union of India and others (2014) in which the court held that whatever may be the status of 'fatwa' during Mughal or British rule, it has no place in independent India under the Constitutional Scheme.

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