Back
IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
R.NATARAJ
Khazi hamid Faisal Siddique, Son Of Late Mr. Khazi Mohammed Hussain Siddique – Appellant
Versus
State Of Karnataka, Department Of Minority Welfare, HAJ and WAKF, Vidhana Soudha, Represented By Its Principal Secretary – Respondent
| Table of Content |
|---|
| 1. background on kazis act and marriage certificates. (Para 1 , 2) |
| 2. petitioners' argument against the impugned order. (Para 3 , 4) |
| 3. previous legal challenges related to marriage certificates. (Para 5 , 6) |
| 4. court's consideration of petitioners' rights. (Para 8 , 9) |
| 5. limitations of waqf board's authority regarding marriage certificates. (Para 10 , 11) |
ORDER :
R. NATARAJ, J.
The petitioners have challenged an order bearing No.MWD-65-WES-2022, Bengaluru, dated 21.02.2023 passed by the respondent No.2 authorizing the respondent No.3 and its District Waqf officers to issue Marriage Certificates to the married Muslim applicants in Hyderabad-Karnataka area if they fulfill the conditions stated therein. They have also sought for a writ in the nature of mandamus and direct the respondent Nos.1 and 2 to consider and dispose off their representation dated 28.06.2022.
2(i) The petitioners contend that the Kazis Act, 1880 was extended by the Government of Karnataka to the whole of the State of Karnataka on 05.03.1976 vide its order No.RD 132 CWF 74. Thereafter, on 10.02.2010, the Government of Karnataka withdrew its earlier order dated 05.03.1976 referred supra. Subsequent theret
The court ruled that the Waqf Board lacks authority to issue marriage certificates under the Waqf Act, reaffirming that such function is reserved for registrars per the Karnataka Marriages Act.
The main legal point established in the judgment is that the appointment of Kazis is based on the desire of the Muslim residents of the area, and any number of Kazis may be appointed by the Governmen....
Removal of a Kazi under the Kazi’s Act, 1880, requires due process and can be based on misconduct associated with their office, including failure to oversee Naib Kazis adequately.
The inaction of the government in appointing a petitioner as Kazi is arbitrary and violates principles of natural justice, holding that prior dismissal from Naib Kazi does not disqualify one for Kazi....
The appointment of multiple Kazis must adhere to territorial demarcation and established procedures, with mere recommendations not infringing on existing appointments unless formally overlapping.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
