The Supreme Court of India has once again clarified that institutions such as ‘Sharia Courts’, ‘Court of Kazi’ or ‘Darul Qaza’ have no legal standing under Indian law. Any directive or decision issued by such bodies is not legally enforceable and cannot be imposed through coercive means.
What the Court Said
A bench comprising Justices Sudhanshu Dhulia and Ahsanuddin Amanullah made this observation while deciding a woman’s appeal against a Family Court order that denied her maintenance. The Family Court had relied on a settlement deed from a ‘Kazi court’ to reach its conclusion.
The Supreme Court referred to the landmark 2014 judgment in Vishwa Lochan Madan vs Union of India, which had categorically held that fatwas and verdicts from religious courts have no legal recognition unless voluntarily accepted by the parties involved—and even then, they cannot override Indian law.
Background of the Case
- The couple’s nikah (Muslim marriage) took place on 24 September 2002.
- In 2005, the husband filed for divorce in a Kazi court in Bhopal, but the matter was settled and dismissed after the parties agreed to continue the marriage.
- Again in 2008, he filed for divorce in Darul Qaza, and in 2009, a Talaqnama was issued after the religious court allowed the divorce.
- That same year, the wife filed a petition under Section 125 of CrPC seeking monthly maintenance.
However, the Family Court dismissed her claim, blaming her conduct for the marital breakdown. It also cited the earlier religious court settlement as a basis for its ruling.
Supreme Court Criticizes Lower Court’s Reasoning
Justice Ahsanuddin Amanullah, who authored the judgment, criticized the Family Court for:
- Relying on a non-binding religious court decision.
- Concluding that dowry could not be demanded simply because this was the second marriage for both parties—an inference the Supreme Court called “illogical and speculative.”
- Misreading the settlement deed, which did not contain any admission of fault by the wife.
Final Verdict
The apex court found the lower court’s reasoning flawed and unsupported by law. It ordered the husband to pay ₹4,000 per month as maintenance, starting from the date the wife filed her maintenance petition.
Key Takeaways
- Sharia or Kazi courts have no legal authority; their decisions are non-binding unless voluntarily accepted.
- Family courts cannot rely on religious rulings to decide on legal rights such as maintenance.
- Maintenance under Section 125 CrPC is a legal right, independent of religious court pronouncements or private settlements.
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