NO LEGAL VALIDITY FOR TALAQ CERTIFICATE, SAYS MADRAS HC

The Madras High Court has directed that no certificate in respect of talaq would be issued as an opinion by the Chief Kazi, pending consideration of the matter by the Muslim Personal Law Board.

Passing interim orders, a division bench comprising Chief Justice Sanjay Kishan Kaul and Justice M.M. Sundresh also clarified that for the purposes of courts of legal proceedings that the certificate issued by the Chief Kazi is only an opinion and has no legal sanctity more specifically in view of Section 4 of the Kazis Act.

“The order be circulated by the Registrar of the court to the judicial forums for clarity and it is open to the “concerned petitioners to give adequate publicity to the same,” the High Court added.

The Madras High Court has directed that no certificate in respect of talaq would be issued as an opinion by the Chief Kazi, pending consideration of the matter by the Muslim Personal Law Board.

The bench posted to February 21, further hearing of the petitions from former MLA and former Additional Advocate General Bader Sayeed and two others.

The petitioners sought to declare that ‘Kazis’ in India, particularly in the state of Tamil Nadu, are not empowered to certify Talaq and consequently forbear them from issuing certificate and other documents certifying or approving Talaq.

Pointing out section 4 of the Kazis Act, the bench said the provision makes it clear that the office of the Kazi does not confer on the person any judicial or administrative power.