Waqf Board Issuing Marriage Certificates Unheard Of In Law: Karnataka HC Orally Says In Plea Challenging Govt Order Authorising Board

The Karnataka High Court on Tuesday (November 12) orally said that the Government Order which authorised the Waqf Board to issue marriage certificates to married Muslim applicants was unheard of in law. 

The court orally said this while hearing a petition filed by one A Alam Pasha. The plea has sought to declare the government order dated September 30, 2023 issued under the hands of the Under Secretary to government, Minority, Wakf and Haj Department as being inconsistent with and repugnant to the provisions contained in the Wakf Act, 1995, and therefore declare it as ultra vires to the Act.

A division bench of Chief Justice N V Anjaria and Justice K V Aravind directed the state government to file its objections to the petition and orally said, “This September 30, order which authorises the Wakf board to issue marriage certificate is unheard of in law. Show us the power under the Wakf Act by which it can issue the certificates”.

During the hearing the government advocate sought two weeks time to file its objections. However, the court did not accede to the request and posted the matter for further hearing on November 21.

Case Title: A Alam Pasha AND State of Karnataka & Others

Case No: WP 19284/2024