Bengaluru: The Karnataka State Waqf Board has informed the High Court. Its role in issuing marriage certificates to Muslim applicants is solely to ensure that marriages conducted under personal law are given official sanctity. The Board emphasized that since no specific law currently governs the registration of conventional Muslim marriages. Any authority could be empowered to issue certificates.
During Proceedings
During the court proceedings, the Board’s counsel clarified that it does not insist on being the sole authority for issuing such certificates. Instead, the primary objective is to recognize and validate Muslim marriages performed traditionally.
The Board pointed out that, at present, no legal framework exists for the formal registration of a Muslim marriage conducted as per personal law. However, the Karnataka Marriage Registration Miscellaneous Provisions Act allows the state government to appoint multiple registrars to oversee marriage registration under its provisions.
Further Arguments
Further, the Board argued that the state government has the authority to issue an order. This is to permit the Waqf Board to issue marriage certificates. It highlighted that a Waqf office. They are a government employee governed by Civil Services Rules. They are already empowered under a different legal framework to perform similar duties.
Following these submissions, the Board’s counsel sought additional time to file an updated reply to the petition. Similarly, the government advocate requested time to gather further instructions. The government order in question was issued without prior notification.
Postponed Hearing
A division bench comprising Chief Justice NV Anjaria and Justice MI Arun has directed the parties to complete their pleadings. The matter is scheduled for a peremptory hearing on March 16.
The court was hearing a Public Interest Litigation (PIL) filed by A. Alam Pasha, who challenged the government order dated August 30, 2023. The petitioner argued that the order, issued by the Under Secretary to the Government, Minority, Waqf, and Haj Department, contradicts provisions in the Waqf Act, 1995, making it ultra vires to the law.
