Karnataka High Court stays GO allowing Waqf Board to issue marriage certificates to Muslim couples

The Karnataka High Court has stayed the State's Government Order (GO) issued on August 30, 2023 that authorised the Karnataka State Board of Waqf and its district officers to issue marriage certificates to Muslim couples.

A Bench of Chief Justice NV Anjaria and Justice KV Aravind also issued notices to the Board and asked it to respond by December 7, the next date of hearing.

“The GO is inconsistent with the provisions of the Waqf Act 1995. Any careful reading of the provisions of Section 32 of the Waqf Act shows that it in no manner provide that the Waqf board or its officers can be invested with powers to issue marriage certificates. Issuance of marriage certificates is neither a matter of better administration of the Waqf Board, nor is it a matter incidental to the management of the Waqf Board,” the High Court said.

The Court passed the interim order while hearing a Public interest Litigation (PIL) filed by one Alam Pasha, seeking quashing of the GO that was 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 That Act, however, was repealed in 2013 and subsequently, the State issued the said notification authorising the Waqf Board to issue marriage certificates.

The plea said that the Waqf Act dealt only with moveable and immoveable properties and there was no provision under the Act authorising its officials from issuing or dealing with marriage certificates for Muslim applicants.

“A marriage can only be registered before the district or State Registrar of Marriages under the Hindu Marriage Act, 1955 or the Special Marriage Act,1954,” the petitioner’s counsel argued.

The State government told the Court that Muslims who travelled abroad soon after their marriage were facing a lot of difficulty in getting their marriage certificates. Thus, this notification was issued by way of a GO “to ease their difficulty.”

The Court, however, said that the State cannot make such provisions when the Waqf Act itself did not authorise its officers to issue any marriage certificates. It further said that the Waqf Act had been enacted for its “own separate purpose” and its provisions dealt with administrative matters and management of Waqf properties. The Act did not confer any powers on Waqf officials to issue marriage certificates, it said.

“The ground that applicants of the community are to be facilitated with the issuance of marriage certificates by wakf officers to alleviate them from the difficulties they may face is no ground to justify authorisation of wakf officers to issue marriage certificates, when the wakf Act, 1995, in none of its provisions will be read to confer such powers,” the order stated..

Advocate Saraswathi M appeared for the petitioner, Alam Pasha.

AGA Niloufer Akbar appeared for the respondent State government.