Any Authority May Be Empowered To Register Muslim Marriages, Not Just Board: Karnataka State Waqf Board Tells HC, Cites Lack Of Legislation

Counsel for the Board submitted that “We are not saying that board should only be given the power (to issue certificates), any authority may be given the power, the interest is to see that a Muslim marriage which has happened conventionally under the personal law, is given some sanctity for which there is no law at the moment."

Further, it was submitted that as of now there was no law to register a Muslim marriage conventionally. However, the Karnataka Marriage Registration Miscellaneous Provisions Act empowers the government to appoint as many Registrars to register the marriage under the Act.

It was emphasised by the Board that the government does have the power to issue a Government order permitting the board to issue marriage certificates. It said, “A Waqf officer who is a government employee in the sense who is an employee of the Board and governed by the Civil Services Rules, is empowered under a different Act to do this job.”

Following this the counsel sought time from the court to file an additional reply to the petition. Similarly, the government advocate sought time to take instructions as the impugned Government order was issued without issuing a notification.

A division bench of Chief Justice NV Anjaria and Justice MI Arun directed the parties to complete the pleading and posted the matter for a peremptory hearing on March 16.

The direction was given by the court while hearing a PIL by one A Alam Pasha who had sought to declare the government order dated August 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.

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