Shariat council cannot issue divorce, marriage valid without court order: HC
Madurai: The Madurai bench of the Madras High Court recently ruled that the Shariat Council is a private organisation and not a legal court while addressing a civil revision petition concerning a Muslim couple’s divorce. The case involved a Tamil Nadu Shariat Council’s 2017 issuance of a divorce certificate to the husband, who had married his wife, also a doctor, in 2010. The court noted that, while the Shariat Council may help with family and financial issues, it cannot issue divorce certificates or impose penalties.
Justice G.R. Swaminathan found the divorce certificate “shocking,” emphasising, “Only courts duly constituted by the state can deliver judgments.” The judge dismissed the husband’s petition, affirming that the marriage remains valid unless a jurisdictional court declares otherwise.
In 2018, the wife contested the divorce, filing for relief under the Protection of Women from Domestic Violence Act, asserting that the third pronouncement of talaq was never served. A 2021 magistrate ruling awarded her compensation of Rs 5 lakh for domestic violence and monthly maintenance for their minor child. The husband’s appeal against this was rejected, leading him to file the current revision petition.
Justice Swaminathan highlighted that, without court validation, the husband’s unilateral action does not dissolve the marriage and stated that the act of bigamy caused “emotional distress,” amounting to cruelty. He emphasised that bigamy constitutes cruelty across religions, allowing affected spouses to claim relief under the Domestic Violence Act.
