Shariat Council cannot issue divorce: Madras High Court in Madurai has ruled that the Shariat Council, a private organization, cannot issue divorce certificates or impose penalties, affirming that only courts established by the state have the authority to issue legal judgments. The court instructed a husband to obtain a legal divorce decree, underscoring that his marriage remains valid until such a declaration is granted by a recognized court.Court ruling against Shariat councils authorityIn a recent civil revision case involving a Muslim couple married in 2010, the Madurai bench of the Madras High Court reviewed the role of the Shariat Council. The Tamil Nadu Thowheed Jamaths Shariat Council had issued a divorce certificate to the husband in 2017 following his petition for triple talaq. However, the court held that while the Shariat Council may offer family dispute mediation, it cannot legally declare a divorce or impose penalties.Justice G.R. Swaminathan criticized the Shariat Councils issuance of the divorce certificate as “shocking,” noting that while it accepted the husbands petition and attempted to mediate, it unfairly placed blame on the wife for not cooperating. “Only state-constituted courts can render legal judgments,” Justice Swaminathan stated, reiterating that the Shariat Council is not a court. “Until a declaration is obtained from the jurisdictional court, the marriage is deemed to subsist.”Dispute over divorce and domestic violence allegationsThe wife contested the divorce in 2018, filing a petition under the Protection of Women from Domestic Violence Act in Tirunelvelis judicial magistrate court, asserting she never received the third talaq and that the marriage remained valid. That year, the husband entered a second marriage. In 2021, a magistrate directed the husband to compensate the first wife with ₹5 lakh for domestic violence and ₹25,000 monthly for child maintenance. His appeal was subsequently dismissed, prompting him to approach the High Court.Legal declaration essential for divorceJustice Swaminathan emphasized that without a court declaration, the marriage persists legally. He stated, “Leaving the decision solely to the husband would allow him to act as judge in his own case.” The judge further remarked that the second marriage caused the first wife “considerable emotional distress,” constituting an act of cruelty under domestic violence laws. He affirmed, “The laws on cruelty and bigamy apply equally across all religions, including Islam, as established under the Protection of Women from Domestic Violence Act, 2005.”
