Sharia, Kazi court decisions not legally valid or enforceable: Supreme Court
The bench of Justices Sudhanshu Dhulia and Ahsanuddin Amanullah, in a February 4 ruling made public on April 22, cited the top court's 2014 ruling in Vishwa Lochan Madan v Union of India wherein it was held that fatwas have no legal status in the country's Constitutional scheme.
Writing for the bench, Justice Amanullah said the ''Court of Kazi', 'Court of (Darul Kaja) Kajiyat', 'Sharia Court' etcetera, by whatever name styled, have no recognition in law. As noted in Vishwa Lochan Madan (supra), any declaration/decision by such bodies, by whatever name labelled, is not binding on anyone and is unenforceable by resort to any coercive measure.'
The bench said 'the only way such declaration/decision can withstand scrutiny in the eye of law could be when the affected parties accept such declaration/decision by acting thereon or accepting it and when such action does not conflict with any other law. Even then, such declaration/decision, at best, would only be valid inter-se the parties that choose to act upon/accept the same, and not a third-party.'
The woman had approached the Supreme Court against the August 3, 2018 decision of the Allahabad High Court which dismissed her plea challenging the Jhansi Family Court order refusing to award her any maintenance.
It was the second marriage for both the woman and her husband, who was in the BSF, in 2002. A daughter and a son were born to them.
In 2005, the husband filed for divorce in the 'Court of Kazi', Bhopal, but it was dismissed in view of a compromise between them on November 22, 2005.
The woman alleged that he used to beat her demanding dowry and turned her out of home along with her children in May 2008.
On September 16, 2008, the husband filed a suit for divorce in the 'Court of (Darul Kaja) Kajiyat', Bhopal. On October 13, 2008, she filed a suit before the Family Court, seeking maintenance of Rs 5,000 a month for herself and Rs 1,000 a month for each child.
The Family Court partly allowed the petition for maintenance and granted Rs 1,500 per month to the daughter and Rs 1,000 per month to the son. It, however, dismissed her claim for maintenance on the finding that the husband did not leave her but rather she herself, due to her nature and conduct, was the reason for the dispute and her departure from the matrimonial home.
She then approached the High Court which dismissed her plea, noting that since she was living separately from her husband without sufficient reason, the findings recorded by the Family Court could not be termed illegal or perverse.
Deciding her appeal, the Supreme Court noted that the compromise agreement dated November 22, 2005 only said that the parties had decided to live together and agreed that they would not give each other any occasion to complain. 'Hence, the very basis/reasoning for rejecting the appellant's claim for maintenance appears to be ex-facie unsustainable… We are of the view that maintenance could not have been denied to the appellant-wife under the prevailing circumstances,' the bench said.
It said 'the Family Court could not presume that a second marriage for both parties would necessarily entail no dowry demand'.
The bench asked the husband to pay her a monthly maintenance of Rs 4000 from the date of filing of the application for maintenance before the Family Court. It also directed that the children too be paid maintenance from that date until they become major.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Economic Times
21 minutes ago
- Economic Times
India will respond with full force whenever terrorism threatens its citizens: Govt
ANI Telangana, Jul 13 (ANI): General Officer Commanding of the Sudarshan Chakra Corps, Lieutenant General Prit Pal Singh, interacts with Kerala Startup Mission during his visit to Amphibious Brigade of the Bison Division, on Sunday. (@IaSouthern X/ANI Photo) Anticipating future warfare scenarios through "predictive technologies" and creating precise, targeted systems for counter-action are among the three-fold goals when it comes to India's futuristic defence programme, Sudarshan Chakra Mission, the government said on Wednesday. In a broad synopsis of the country's security scenario, the Press Information Bureau (PIB) on Wednesday shared some data and a summary of various defence-related developments in the past 11 years, titled 'Transformation of India's Defence and Internal Security Posture'. "Unlike in the past, India under the present government has become a global force to reckon with, a nation that speaks on issues from a position of strength," it says. The government said India has adopted a "firm and clear approach towards cross-border terrorism", adding that the pattern of action over the last decade reflects this policy. The most recent and defining operation came in May 2025 with Operation Sindoor. In response to the killing of civilians in Pahalgam, "India gave its armed forces full freedom of action", the synopsis says. Using drones and precision munitions, they struck nine terrorist camps in Pakistan and Pakistan-occupied-Kashmir. More than 100 terrorists were eliminated, including individuals linked to the IC814 hijacking and the Pulwama attack. Pakistan attempted retaliatory strikes through drones and missiles, but Indian counter-drone systems neutralised them, it adds. In his 79th Independence Day address, Prime Minister Narendra Modi described Operation Sindoor as "a new normal", making it clear that "India will respond with full force whenever terrorism threatens its citizens," the synopsis says. Beyond immediate responses, the Modi government is preparing for "long-term threats," the government said. In his Independence Day speech, Modi had announced the Sudarshan Chakra Mission, a futuristic defence programme. "Its goals are threefold -- to ensure the entire system is researched, developed, and manufactured in India; to anticipate future warfare scenarios through predictive technologies; and to create precise, targeted systems for counter-action. By 2035, the aim is to provide a comprehensive national security shield for both strategic and civilian assets," it says. In the last eleven years, India's defence and internal security posture under the government of PM Modi has undergone a "profound transformation", it says. The shift has been marked by "greater clarity of purpose, stronger deterrence, and a sustained drive for self-reliance," the synopsis says. This government has consistently underlined that "national security is non-negotiable", and to ensure this security, India will build its own capacity and preparedness. This has resulted in a "more confident, modern, and proactive approach to challenges, both external and internal". it adds. Firm responses to terrorism, the clear articulation of new normal with Pakistan and futuristic initiatives like the Sudarshan Chakra Mission underscore a "forward-looking security doctrine," the government asserted. India's defence and internal security posture under the Modi government reflects a "decisive shift towards strength, clarity, and self-reliance". With record investments in defence, rapid growth in indigenous production, bold reforms, and the adoption of emerging technologies, India has transitioned from being a major importer to a rising global exporter of defence equipment, it added. "India's defence expenditure has steadily increased under the present government, rising from Rs 2.53 lakh crore in 2013-14 to Rs 6.81 lakh crore in 2025-26," the PIB synopsis says. "The focus is no longer only on acquiring weapons but also on building domestic capacity. In 2024-25, defence production touched a record Rs 1.50 lakh crore, more than triple the 2014-15 level," it adds. Fighter jets, missile systems, artillery systems, warships, naval vessels, aircraft carriers and a lot more are now being made in India, underlining how strongly "self-reliance and deterrence have become the cornerstone of national security," the government said. Defence exports grew thirty-four times over the last decade, reaching Rs 23,622 crore in 2024-25. Indian equipment is now exported to over 100 nations, including the United States, France, and Armenia, it said. The synopsis also shared data related to indigenisation efforts. The SRIJAN Portal (2020) enables the industry to locally develop items earlier imported. "To date, over 46,798 items have been listed". And, Positive Indigenisation Lists by DPSUs have identified 5,012 items (across five tranches), "signalling a phased ban on imports", it says. At the same time, progress in internal stability, food and energy security, financial inclusion, and technology innovation demonstrates that Atmanirbharta is "not confined to defence alone" but forms the foundation of a "resilient and confident India prepared to meet both traditional and non-traditional challenges on its path to becoming a global leader", the government asserted. "This tectonic shift reflects the deep resolve of the government to see the country as Viksit Bharat in every sense in the years to come. It also reaffirms that this government does not merely believe in rhetoric, but has actually done, and is continuing to do, what it takes to make India 'Viksit'," it said.
The Hindu
21 minutes ago
- The Hindu
RMG firms quietly assess Bill banning their industry; video game firms welcome move
Real money gaming (RMG) firms struck a cautious tone in responding to the Promotion and Regulation of Online Gaming Bill, 2025, which was passed by the Lok Sabha on Wednesday (August 20, 2025). The Bill prohibits any sort of online game that accepts money from users in exchange for a chance to win a return on the money, or risk losing what they put in. The E-Gaming Federation (EGF), which represents Games24x7 and RummyCircle, two RMG platforms, said that the Bill was a 'distinct opportunity to establish a framework that safeguards players while promoting responsible growth in a sunrise sector.' It added, 'Thoughtful regulation can amplify the positive impact while ensuring responsible and fair practices remain at the core.' The Bill would force these firms to stop offering pay-to-play games. Commissions on these games are a principal revenue stream for RMG firms. 'Death knell' In a letter to Home Minister Amit Shah, the firms underlined their anxieties more explicitly. 'Such a blanket prohibition would strike a death knell for this legitimate, job-creating industry, and would cause serious harm to Indian users and citizens,' the EGF said, along with the All India Gaming Federation and the Federation of Indian Fantasy Sports. 'Fly-by-night' offshore firms would proliferate, investor sentiment would be dampened, and two lakh people would lose their jobs, the letter argued. Video gaming is distinct category Video game companies, which have complained in the past about their industries being conflated with the RMG industry under the umbrella 'gaming' label, welcomed the Bill. 'For the last two years, the singular demand of the Indian video games industry has been recognition and categorisation as a distinct industry-business, not clubbed with online money games,' Harish Chengaiah, CEO of Chennai-based Outlier Games said. 'With the proposed Bill, that demand has finally been met, and we thank the Government of India for it.' The Bill may find takers across the political spectrum, but few voices of support emerged from the Opposition, amid the standoff on the special intensive revision of electoral rolls in Bihar and allegations of 'vote theft' by the INDIA coalition. However, Karnataka IT Minister Priyank Kharge and Congress MP Karti Chidambaram have both expressed concerns that an outright prohibition may not fix the problem and instead promote offshore gambling operators' attempts to make inroads among Indian users.
&w=3840&q=100)
Business Standard
21 minutes ago
- Business Standard
India, Eurasian Economic Union sign terms to launch trade negotiations
India and the Eurasian Economic Union (EEU), comprising Russia, Kazakhstan, Belarus, Armenia, and Kyrgyzstan, on Wednesday signed the terms of reference (ToR) to launch negotiations on a free trade agreement (FTA). Russia, the largest member of the EEU bloc, is also India's biggest trading partner within it, accounting for more than 92 per cent of total trade. The announcement comes amid strained relations between India and the US, with Washington turning up the pressure on New Delhi by imposing additional import tariffs. The move is aimed at curbing India's trade, particularly oil imports, with Russia. The new tariffs, set to take effect next week, are seen as America's attempt to tighten the screws on Moscow and hasten an end to the three-year-long Russia–Ukraine conflict. FTA talks with the EEU are also being launched at a time when India has been unable to finalise an interim trade deal with the US. Uncertainty hangs over the next round of negotiations after US President Donald Trump doubled tariffs on Indian goods to 50 per cent, including an extra 25 per cent duty on India's imports of Russian crude. The ToR was signed by Ajay Bhadoo, additional secretary in the Department of Commerce, and Mikhail Cherekaev, deputy director of the Eurasian Economic Commission's trade policy department. Both sides also discussed the next steps to formally launch the process, including organisational aspects of the proposed trade pact. Trade between India and the EEU stood at $69 billion in 2024, up 7 per cent from a year earlier. Discussions on an FTA have been underway for more than two years. 'With a combined gross domestic product of $6.5 trillion, the proposed FTA is expected to expand market access for Indian exporters, support diversification into new sectors and geographies, enhance competitiveness against non-market economies, and deliver wide benefits to micro, small and medium enterprises,' the commerce department said. The ToR sets the framework for negotiations and is expected to unlock untapped trade potential, increase investment flows, and establish a stronger India–EEU economic partnership. Both sides reaffirmed their commitment to an early conclusion of the agreement and to building a long-term institutional framework for trade cooperation. Last year, India and Russia set an ambitious target of raising bilateral trade to $100 billion by 2030, up from the current level of more than $65 billion.
