Private Bodies Cannot Issue Divorce Certificate: High Court!

Thu Feb 02 2023 18:34:13 GMT+0530 (India Standard Time)

The Union government led by the Bharatiya Janata Party is fighting for the Uniform Civil Code as marital issues like divorces are seen through a different lens for Muslims. Usually, the Muslim Personal Board looks into the matter. Earlier a High Court said that Muslim girls can marry a person after attaining Puberty.

However, the Marriage Law says that Women cannot go for marriage before the age of 18. The Union Government earlier proposed that the legal age of women should be increased to 21 from the existing 18. The centre said that the increase will help women.

As another big development for the need of the UCC, the High Court said that family court should look into the matters of divorces and private companies has no role to play in this. Hearing a petition the Court made these comments.

The Madras High Court said that Muslim Women should go to the family court to dissolve the marriage and they should not go to private bodies like Shariat Council. During the arguments, the High Court said that private bodies are not arbitrators of disputes.

Saying that Khula is the divorce process women start, the Madras High Court said that the Private bodies cannot verify the divorce between the couple and the Khula certificates the bodies issue are invalid and have no legal grounds.

A person moved the Madras High Court seeking instructions to quash the Khula certificate issued to his wife. While quashing the certificate, the Madras High Court said that private bodies cannot issue divorce certificates.