The Supreme Court has once again affirmed that informal Islamic judicial bodies like the Qazi's Court, Kaziyat's Court (Darul Qaza), or Sharia Court have no recognition under Indian law. Any directions issued or decisions made by these bodies are not legally enforceable, the court emphasized.
A bench comprising Justices Sudhanshu Dhulia and Ahsanuddin Amanullah made this observation while hearing a case on February 4 involving a woman seeking alimony. Her claim had been previously dismissed by the Family Court, which had relied on a settlement deed executed before an Islamic court.
This decision was later upheld by the Allahabad High Court.
Criticizing the lower courts' reliance on the settlement from the Islamic court, the Supreme Court referred to its own 2014 judgment which had clearly held that Shariat courts and fatwas lack legal authority. Justice Amanullah pointed out that such courts have no legal standing, and their directives are not binding on any party.
The only exception, the court noted, is when both parties voluntarily agree to abide by such a decision, and the terms are not in conflict with Indian law. Even in such cases, the outcome is valid only between the consenting individuals and holds no value for third parties.
The bench also took issue with the Family Court's rationale that dowry could not have been a concern because it was a second marriage for both individuals. Dismissing this logic as speculative and legally unsound, the Supreme Court ordered the woman’s former husband to pay her ₹4,000 per month as maintenance, effective from the date she initially approached the Family Court.
The couple had married in September 2002 through an Islamic ceremony. It was a second marriage for both. In 2009, the husband divorced her through an Islamic court. When she later sought maintenance, the Family Court denied her claim, citing her alleged conduct as the reason for the breakdown of the marriage and holding that she had not been abandoned.
Website designed, developed and maintained by webexy