Kazi adjudicate disputes but can’t pass an order like a decree: Madhya Pradesh HC
The Madhya Pradesh High Court ruled that Kazi can adjudicate disputes but cannot pass an order like a decree.
Background
The petitioner is claiming himself to be a victim of such types of orders passed by respondents. The petitioner has filed one of the orders passed by respondent on an application filed by his wife i.e. respondent for divorce which is called “Khula” by making all sorts of allegations against him. She sought Talaq under the Kanoon-A-Shariat. On an application of respondent, respondent has called the petitioner to appear to submit a reply. The petitioner has submitted a reply refuting the allegations made against him. According to the petitioner, the respondent has proceeded with the matter and ordered the Talaq (divorce) by way of Khula which is not permissible under the Indian judicial system. The petitioner has alleged that respondent under the shelter of other respondents is entertaining such types of disputes and passing the orders in the matter which are liable to be brought before the Court for adjudication. When no action has been taken the petitioner has approached the Court by way of the writ petition (PIL).
Argument
The Respondent argued that section 4 of the Kazi Act, 1880 does not empower the Kazi to confer any judicial or administrative power.
The Respondent, all India Muslim Personal Law Board has filed the reply by submitting that the personal law relating to marriage and dissolution of marriage has to be governed by the personal law of Muslims as recognized by them in terms of their religious denominational texts.
Decision
The division bench of Justice Vivek Rusia and Justice Rajendra Kumar Verma held that the order passed by the chief Kazi on an application filed by respondent has no legal sanctity. Respondent being a Kazi is only entitled to enter into a negotiation/mediation between the parties in order to settle the dispute.
The court said that the Legal Services Authority, Jabalpur and Indore has trained more than 70 volunteers of different communities and religions to act as mediators to settle the dispute between the members of the community out of Court.
The court while disposing the writ petition stated that as far as the matrimonial dispute between the petitioner and respondent is concerned that the same is not liable to be examined in the writ petition for which they are free to avail the remedy available under the law. The Court has not expressed any opinion in respect of their matrimonial matter.
Case title: Aadil s/o Mohd. Arif Palwala v/s Union of India and Ors.
Citation: WRIT PETITION NO.24741/2018 (PIL)
