Karnataka High Court questions Waqf Board's authority to issue marriage, divorce certificates

The Karnataka High Court on Monday expressed doubt over the State Board of Waqf's authority to issue marriage and divorce certificates to Muslim couples..The Court last year had stayed a Government Order (GO) issued on August 30, 2023 that authorised the Waqf Board and its district officers to issue marriage certificates to Muslim couples.Following a request, a Bench of Chief Justice NV Anjaria and Justice MI Arun today granted the State some more time to respond to the petition challenging the GO and listed the matter for hearing on February 19."Waqf (authority) is granting marriage certificate and divorce certificate also? We will not grant much time (for reply), because this is a very important matter. You apparently have no authority under the Waqf Act," it remarked.The Court was hearing a Public interest Litigation (PIL) filed by one Alam Pasha to quash the GO issued by the Under Secretary of the Minority, Waqf and Haj Department of the State government authorising district Waqf boards across Karnataka to issue marriage certificates.The petitioner told the Court that earlier, the Kazi, who recites the Quranic verses at the time of a marriage ceremony of a Muslim couple, was authorised by the Waqf Board to issue the marriage certificates under the Kazi Act, 1988. That Act, however, was repealed in 2013 and subsequently, the State issued the GO authorising the Waqf Board to issue marriage certificates. The plea states that the Waqf Act deals only with moveable and immoveable properties and there is no provision under the Act authorising Waqf Board officials to issue or deal with marriage certificates..During a hearing in November 2024, the State government told the Court that the GO was issued as Muslims who travelled abroad after their marriage were facing a lot of difficulty in getting marriage certificates.Today, the Court was told that the arguing counsel was unavailable. Consequently, the matter was adjourned.