Karnataka High Court stays government order allowing Waqf Board to issue marriage certificates
Bengaluru: The Karnataka High Court has stayed a Government Order (GO) issued on August 30, 2023, which authorised the Karnataka State Board of Waqf and its district officers to issue marriage certificates to Muslim couples.
A Division Bench comprising Chief Justice NV Anjaria and Justice KV Aravind observed that the GO is inconsistent with the provisions of the Waqf Act, 1995, which does not empower the Waqf Board or its officers to issue marriage certificates. The Bench stated, "Issuance of marriage certificates is neither a matter of better administration of the Waqf Board nor incidental to its management."
The interim order was passed during the hearing of a Public Interest Litigation (PIL) filed by Alam Pasha, challenging the GO issued by the Under Secretary of the Minority, Waqf, and Haj Department. The petitioner argued that the Waqf Act pertains to the management of moveable and immoveable properties and does not include provisions related to marriage certificates.
Previously, under the now-repealed Kazi Act, 1988, Kazis officiating Muslim marriages were authorised to issue marriage certificates. The petitioner contended that with the repeal of the Kazi Act in 2013, there is no legal basis for the Waqf Board to assume this role. Instead, marriage registrations are governed by the Hindu Marriage Act, 1955, or the Special Marriage Act, 1954, under the jurisdiction of district or State Registrars of Marriages.
The State government defended the GO, citing the difficulties faced by Muslim couples, especially those travelling abroad, in obtaining marriage certificates. However, the Court noted that administrative convenience cannot override the statutory limitations of the Waqf Act.
Notices have been issued to the Waqf Board, and the matter is scheduled for further hearing on December 7, 2024.
Advocate Saraswathi M appeared for the petitioner, while Additional Government Advocate Niloufer Akbar represented the State government.
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Vinod Tawde seeks apology from Kharge, Rahul through legal notice, warns of defamation lawsuit
Cash-for-vote row
New Delhi, Nov 22: BJP leader Vinod Tawde has demanded an apology from Congress president Mallikarjun Kharge and the Leader of Opposition in Lok Sabha Rahul Gandhi for making "false and baseless" allegations against him in the cash-for-votes incident in Maharashtra, saying if they don't he would sue them for defamation.
Tawde was accused by Bahujan Vikas Aghadi, a regional party, of distributing Rs 5 crore to woo voters, with its members barging into a hotel room on November 19 in a Mumbai suburb, where the BJP leader was present.
The former Maharashtra minister and BJP national general secretary claimed innocence, saying the alleged amount was not recovered in the probe by the Election Commission and police.
"The Congress only believes in spreading lies, and this incident is a proof of the party's low level politics to dent me and my party's image," Tawde said.
The two Congress leaders and the party spokesperson Supriya Shrinate seized on the row to accuse the BJP of using money power to influence the November 20 assembly polls in the state.
The legal notice sent to the three claimed that they were aware that they were pushing a "totally false story fabricated" by them.
"You all have deliberately, mischievously with the sole intention of damaging the reputation of our client intentionally fabricated the story distribution of money. You all have published false, baseless allegations against our client on various media for tarnishing his image in the eyes of right thinking people in the society," the notice read.
The Congress leaders were in a "great hurry" to damage Tawde's reputation, they did not bother to check the fact and or despite knowing the entire fact they made the false, baseless allegations, it said.
"The entire imputation made by you all are totally false, baseless, malicious and mala fide and as our client is in no way involved in any such illegal activity and as a responsible office bearer of the national political party he is aware of his duties," it added.
The notice demanded an "unconditional apology" to Tawde within 24 hours from the time the receipt of the notice, which was sent on November 21, and published in newspapers and X.
If they do not offer apology, then Tawde will initiate criminal proceedings under Section 356, which covers defamation, of the Bharatiya Nyaya Sanhita and also civil proceedings for the damages of Rs 100 crore against the three Congress leaders, the notice said.
