Karnataka High Court seeks State reply in PIL against Wakf boards power to issue marriage certificates

The Karnataka High Court on Wednesday issued notice to the State government on a Public Interest Litigation (PIL) challenging a government order (GO) that authorises district Wakf boards to issue marriage certificates to married Muslim couples.

A Bench of Chief Justice NV Anjaria and Justice KV Aravind directed the State to file its reply to the petition filed by one Alam Pasha by November 12.

The petitioner told the Court that the Wakf Act, 1995, did not confer any statutory powers on Wakf boards to issue marriage certificates and, therefore, the State’s order issued in August last year was illegal.

To this the Bench orally observed,

“Wakf board has no function to issue marriage certificates.”

The order issued last year by the Under Secretary Minority, Wakf and Haj Department of the State government authorised district Wakf boards across Karnataka to issue marriage certificates to married Muslim applicants.

The High Court had in 2011 held that the Wakf board cannot issue a marriage certificate