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.

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 thereto, the Government of Karnataka modified the order dated 10.02.2010 on 07.06.2010 and made the Kazis Act, 1880 applicable to the Hyderabad-Karnataka area. Thereafter, pursuant to a notification of the Department of Parliamentary Affairs, the Kazis Act, 1880 was repealed by the Government of Karnataka vide its order dated 03.12.2013. The said notification suffered a discrepancy and therefore, was withdrawn by the Government of Karnataka vide its Circular No.MWD 08 WES 2011 dated 30.06.2014. Therefore the Kazis Act, 1880 continued to be in force in the Hyderabad-Karnataka area. A person named Mr.Mohd. Hasan Ateequlla Siddiqui was appointed as a sole Kazi of Gulbarga and its 314 villages by the Principal Munsiff, Gulbarga vide order dated 15.02.1979 (stated as 15.02.1975 in para No.5 of the petition). A notification was issued by the Special Deputy Commissioner (Endowments), Gulbarga vide Order No.Rev/wakfs/76/76-77 dated 23.12.1980 appointing Mr. Mohd. Hussain Siddiqui as the Kazi of Gulbarga and its 314 villages.

(ii) In exercise of the power under Section 3 of the Kazis Act, 1880, the Government of Karnataka on 16.08.2000 appointed the petitioner No.1 as Sadar Naib Kazi of Gulbarga to perform the duties of Khazath of Gulbarga and its surrounding 314 villages. Thereafter, on 17.08.2000, the petitioner No.2 was appointed as Khazi of Hospet Rural, Bellary District by the Government of Karnataka.

(iii) The petitioners contend that the Kazis officiate over the marriage ceremonies of muslims, maintain marriage records, issue marriage certificates, perform talaq formalities, issue talaq certificates, perform ceremonies at Khabarstan and accomplish rituals relating to slaughter of animals. Petitioners contend that since the last few decades, they were performing marriage ceremonies and were issuing marriage certificates as per Shariath. They contend that the service rendered by them was approved by the respondent No.3. They claim that they have solemnized 2848 marriages during the year 2009-10 and they continue to do so till date.

(iv) The petitioners contend that the Government of Karnataka passed an order bearing No.MWD 319 WES 2009, Bangalore dated 03.08.2009 authorizing the Karnataka State Board of Wakfs and its District Wakf Advisory Committees to issue marriage certificates to the muslim applicants on they fulfilling the conditions stated therein. Further on 07.09.2009, the Government of Karnataka issued an addendum to the order dated 03.08.2009 referred supra by including a para i.e., “In respect of the Marriages performed by the Khazies in Hydrabad-Karnataka area the conditions stipulated above are applicable".

(v) The father of the petitioner No.1 and the petitioner No.2 being aggrieved by the aforesaid notification dated 03.08.2009 and addendum dated 07