Karnataka HC questions Waqf Board issuing marriage certificates
12-Nov-2024 11:16 PM 5677
Bengaluru, Nov 12 (Reporter) The Karnataka High Court on Tuesday raised critical questions about a government order authorising the Waqf Board to issue marriage certificates to Muslim couples, describing it as "unheard of in law." The court made the remarks during the hearing of a petition challenging the legality of the September 30, 2023, order issued by the Minority, Wakf and Haj Department. The petitioner, Alam Pasha, has argued that the order is inconsistent with the provisions of the Waqf Act, 1995, and sought its declaration as ultra vires, beyond the legal powers granted under the Act. The Waqf Act primarily deals with the administration of wakf properties and institutions, but it does not empower the Waqf Board to issue marriage certificates, which is typically the responsibility of civil authorities. The division bench, comprising Chief Justice NV Anjaria and Justice KV Aravind, expressed skepticism over the order's legality, asking the government to demonstrate the specific legal provisions under the Wakf Act that justify the Waqf Board issuing marriage certificates. "This order is unheard of in law. Show us the power under the Wakf Act by which the Waqf Board can issue marriage certificates," the bench remarked. The government’s counsel requested an extension of two weeks to file objections to the petition, but the court declined the request, setting the next hearing for November 21...////...
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