The Madurai Bench of Madras High Court held that a Kazi under the Kazi's Act lacks jurisdiction to declare divorce under Shariat law. The impugned certificate was quashed, while the prayer for Rs.5,00,000 compensation was rejected.
Certificate issued by the 1st respondent was set aside; prayer for compensation of Rs.5,00,000 was rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P(MD)No.2897 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.12.2022
CORAM
THE HON'BLE MR.JUSTICE K.KUMARESH BABU
W.P(MD)No.2897 of 2013 and M.P(MD)No.1 of 2013 and W.M.P(MD)No.3767 of 2020
Noorul Nazreen
... Petitioner
Vs.
1.K.Mohammed Kassali, Government District Kazi, Tirunelveli (East) District, 22E, Kallanai Street, Tirunelveli Town, Tirunelveli District.
2.Government Chief Kazi, Government of Tamil Nadu, 323, T.T.K.Road, Royapettah, Chennai-14.
3.The Government of Tamil Nadu, Represented by its Secretary, Backward Clases, Most Backward Classes and Minorities Welfare Department, Fort St.George, Secretariat, Chennai-9. ... Respondents
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W.P(MD)No.2897 of 2013
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the proceedings of the first respondent in his certificate dated 03.09.2012 and to quash the same and directing the first and third respondents to pay compensation of Rs.5,00,000 towards damages to the petitioner.
For Petitioner : Mr.V.Kannan For R1 : Mr.R.Anand For R3 : Mr.M.Prakash Additional Government Pleader
ORDER
The order impugned in the writ petition is that alleged certificate issued by the 1st respondent.
impugned before this Court is without jurisdiction. Hence, the same is set aside. However, the consequential prayer for compensation is rejected.
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W.P(MD)No.2897 of 2013
aside the certificate issued by the 1st respondent alone. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.
16.12.2022 Index : Yes / No Internet : Yes / No
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To
The Secretary, The Government of Tamil Nadu, Backward Clases, Most Backward Classes and Minorities Welfare Department, Fort St.George, Secretariat, Chennai-9.
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W.P(MD)No.2897 of 2013
K.KUMARESH BABU,J.
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Order made in W.P(MD)No.2897 of 2013
Dated: 16.12.2022
2 issues framed by the court
Whether a Kazi under the Kazi's Act has authority to issue a certificate of divorce under Shariat law.
Whether the writ petition seeking quashing of such certificate and compensation should be allowed.
2 provisions across 2 enactments
Noorul Nazreen
K.Mohammed Kassali
Government Chief Kazi, Government of Tamil Nadu
The Government of Tamil Nadu
K.Kumaresh Babu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
