logo
Sharia Court, in any name & form, has no recognition in law: SC

Sharia Court, in any name & form, has no recognition in law: SC

NEW DELHI:
In a significant judgment, the Supreme Court has held that a 'Court of Kazi,' 'Court of (Darul Kaja) Kajiyat,' 'Sharia Court,' etc., by whatever name or style, have no recognition in law. The Court made this ruling while allowing a Muslim woman's maintenance plea filed under Section 125 of the Criminal Procedure Code.
The bench of the top court delivered this judgment after hearing a plea filed by a woman, Shahjahan, who was challenging the Allahabad High Court's 2018 order.
The order had dismissed her revision petition against a 2010 family court decision in Jhansi, which denied her maintenance. The family court had only allowed Rs 2,500 for her two children.
A two-judge bench of the top court, led by Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah, stated that any declaration made by such courts is not binding on anyone and is unenforceable by coercive measures.
"The only way such a declaration or decision can withstand scrutiny in the eyes of the law is when the affected parties accept such declaration/decision by acting on it 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 it, and not a third party," the bench said.
Explaining the legal position, the top court referred to various previous judgments, including Vishwa Lochan Madan versus Union of India. It cited a case where a Muslim man initially filed a plea in a 'Court of Kazi' and 'Court of (Darul Kaja) Kajiyat' seeking divorce from his wife.
In the present case, the family court had allowed only Rs 2,500 for her two children.
As per records, the marriage between the appellant and the respondent (husband) was solemnized on September 24, 2002, according to Islamic customs, rituals, and traditions. This was the second marriage for both parties.
The top court held that maintenance could not have been denied to the appellant-wife under the prevailing circumstances. It directed the payment of Rs 4,000 per month as maintenance to her, starting from the date of filing the maintenance petition before the family court.
The top court also said, "A family court is not an institution to sermonize society on morality and ethics."
The appellant woman had claimed that her husband had caused mental harassment and cruelty to her because she was unable to fulfill his demand for a motorcycle and Rs 50,000.
On this, the family court had stated that since it was their second marriage, there was no possibility of the man demanding dowry, as he would be trying to rehabilitate his household.
The top court, after reviewing the family court's observations and order, stated that such reasoning or observations were unknown to the canons of law and were based on mere conjecture and surmise.

Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

Maoist commander arrested, cache of arms recovered in Jharkhand's Chatra
Maoist commander arrested, cache of arms recovered in Jharkhand's Chatra

Hans India

time36 minutes ago

  • Hans India

Maoist commander arrested, cache of arms recovered in Jharkhand's Chatra

Chatra (Jharkhand): The Jharkhand Police have arrested a senior Maoist leader and recovered a huge cache of ammunition from a forest in Chatra district, officials said. Arjun Ganjhu, a top commander of the banned Maoist outfit Tritiya Sammelan Prastuti Committee (TSPC), was apprehended during a raid in Tikda village under the Lawalong police station area. Acting on a tip-off about his movement, a special team led by Simaria SDPO Shubham Khandelwal conducted the operation and nabbed the militant. Chatra Superintendent of Police Sumit Agrawal informed during a press conference on Tuesday that a country-made pistol was recovered from Ganjhu at the time of his arrest. Following interrogation, he revealed the location of a hidden arms cache in a nearby forest. A search led to the recovery of 723 live cartridges concealed underground in a box. The cache included 477 rounds of INSAS rifle ammunition and 246 rounds of .303 rifle cartridges -- indicating preparations for potential attacks or supply to other cadres in the region. SP Agrawal said the recovery dealt a blow to the operational capabilities of the TSPC in the area. Ganjhu is a repeat offender and had previously been jailed for involvement in Maoist-related activities. In a separate operation, Lohardaga Police arrested another absconding Maoist, Lalind Mahato alias Rajkumar Yadav, who had been evading capture for several years. Lalind, a resident of Semardih village in Kisko police station limits, has multiple cases lodged against him in Lohardaga, Latehar, and other districts of Jharkhand. Lohardaga SP Sadique Anwar Rizvi said that Lalind was associated with the squad of Ravindra Ganjhu, a zonal commander of the CPI (Maoist), who carries a bounty of Rs 15 lakh on his head. Police believe that Lalind's arrest could yield crucial intelligence about Maoist activities and logistics in the region. After his court appearance, preparations are being made to send him to judicial custody.

Man gets one-week parole for arranging son's Plus One admission
Man gets one-week parole for arranging son's Plus One admission

Time of India

time39 minutes ago

  • Time of India

Man gets one-week parole for arranging son's Plus One admission

Kochi: Kerala high court has granted one-week parole to a convict serving a life term to enable him to arrange Plus One admission for his son who passed the SSLC examination with high marks. The man is currently in jail for killing his father over a property dispute. Justice P V Kunhikrishnan issued the order on Tuesday on a petition filed by the convict's wife, seeking emergency leave for her husband to arrange admission for their child. The request had earlier been denied by the jail authorities, who cited the absence of a provision for such a release. The court directed the authorities of the Central Prison and Correctional Home, Thavanur, to release the petitioner's husband on emergency parole for one week, from June 12 to 18. The release is conditional upon the execution of a bond for Rs 1 lakh with two solvent sureties. The convict is required to return to prison by 4pm on June 18. The convict, a native of Palakkad, was sentenced to life imprisonment by the additional sessions court, Palakkad, in 2023. Upon reviewing the mark list of the petitioner's son, the court noted that the student had secured six A plus and two A grades in the SSLC examination. The court further observed that it could not turn a blind eye to the plea of a bright student seeking his father's assistance to pursue higher education. It emphasised that the fundamental rights of a convict include the right to provide a good education to their child. A father's presence, the court noted, plays a crucial role in a child's educational journey by offering emotional support, guidance, and mentorship. "Let the child spend a few days with his father and begin his Plus Two course with blessings from his parents and a smile on their faces," the court concluded.

Bullet for ballot: 6 get life for killing man who voted ‘wrongly'
Bullet for ballot: 6 get life for killing man who voted ‘wrongly'

Time of India

time39 minutes ago

  • Time of India

Bullet for ballot: 6 get life for killing man who voted ‘wrongly'

Agra: A court in Agra has sentenced six men to life imprisonment for killing a fellow villager who had refused to vote for their preferred candidate during the panchayat elections in Ladam Mankeda under Malpura police limits on Aug 23, 2005. The court found Jitendra Singh, Bablu Singh, Pawan Singh, Sattoo Singh, Girraj Singh, Govind Singh and Balvir Singh —all in their late 40s — guilty of murdering Dharampal Singh, 35, after he and his brother Dharamveer Singh refused to support the accused's chosen candidate. Both parties had backed Independent candidates. "They tried to force us to vote for their nominee, but we declined. That angered them," Dharamveer Singh had told police during the investigation. On the evening of the incident, the accused allegedly attacked the brothers first with sticks and then shot Dharampal during the clash. Dharampal was taken to SN Medical College, where he succumbed to his injuries. Police registered an FIR the next day under IPC sections 147, 148, 149 and 302, along with relevant sections of the Arms Act. The accused were arrested on Sept 15, 2005. Investigating officer NC Gangawar recovered a .315 bore country-made gun and two live bullets from a bajra field on Sept 16 based on Bablu's disclosure. "He led us to the field and showed us where the weapon was hidden," Gangawar said. The chargesheet was filed on Sept 30, 2005. During the trial, Balvir Singh pleaded for leniency, saying, "This is my first offence. I have two children and am the sole breadwinner in my family. " The court rejected his plea. After nearly 20 years of proceedings, additional district and sessions judge (Agra) Rajendra Prasad sentenced Jitendra, Bablu, Pawan, Girraj, Govind and Balvir to rigorous life imprisonment. Sattoo Singh died during the trial in 2006. The court also fined each convict Rs 28,500 and warned that failure to pay would lead to an additional three years in prison. Seventy percent of the fine is to be allocated to Dharampal's family.

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into the world of global news and events? Download our app today from your preferred app store and start exploring.
app-storeplay-store