Chennai: The Madras High Court on Thursday discarded the divorce (khula) certificate obtained by a wife from Shariat council, and ordered both sides to approach family courts during a matter pertaining to the Shariah law in Muslims. The High Court bench headed by Justice Saravanan ruled that the Shariat Council does not have the powers to adjudicate the dissolution of marriage and therefore, any certificates obtained from such bodies stand nullified under the Indian jurisdiction.
Similar to the practice of Talaq followed in Islam for divorcing wives, Shariah law has a practice of Khula for wives to divorce their husbands. A suit was filed in the Madras High Court by the husband seeking cancellation of the Khula certificate obtained by his wife after divorcing him under the Muslim Personal Law.
After hearing the argument from both sides, Justice Saravanan noted that the Tamil Nadu Tawheed Jamaat Shariat Council is a private body and not a court to resolve issues. "These bodies cannot grant divorce and issue a certificate. The Khula certificate issued by the Shariat Council to the wife therfore stands cancelled hereby," the court ordered.
Further pointing out that the High Court has already banned organizations like the Shariat Council from issuing Khula certificates, the judge said that Muslim women should seek the right to divorce from the Family Welfare Court, and it cannot be obtained through an organization like the Shariat Council.
"In this case, both the parties should approach the Tamil Nadu Legal Services Commission or the Family Welfare Court to resolve their issues," Justice Saravanan recommended, after he passed the orders.
