HC: Waqf can’t issue marriage certificates

NT Correspondent

Bengaluru

The Karnataka High Court, in an interim order on Thursday, stayed a government directive that allowed the State Waqf Board and its officers to issue marriage certificates to Muslim applicants. The stay will remain effective until January 7, 2025. A division bench comprising Chief Justice N.V. Anjaria and Justice K.V. Aravind noted that the order, issued on August 30, 2023, lacked legal backing under the Waqf Act, 1995. The court observed, “Marriage certificates issued by the Waqf Board or its officers, without proper authority, cannot be deemed valid for official purposes,” as per a report by LiveLaw. The court was hearing a Public Interest Litigation (PIL) filed by A. Alam Pasha, who challenged the government’s directive as being inconsistent with the provisions of the Waqf Act. The petitioner argued that marriage registration falls under the jurisdiction of specific laws such as the Marriage Registration Act and the Special Marriage Act, and that the Waqf Board lacks the statutory authority to issue such certificates.

The bench highlighted that the Waqf Act is aimed at the administration of Waqf properties and incidental matters. It referred to sections of the Act, including Section 32, which enumerates the Board’s powers and duties, such as managing Waqf properties and supervising related matters. The court emphasised that these provisions do not extend to issuing marriage certificates as per the LiveLaw report. The court further stated that facilitating the issuance of marriage certificates to ease difficulties faced by community members cannot justify the Board’s authorisation for this purpose, as the Waqf Act contains no provision to confer such powers.