Judicial Fora – Informal justice delivery system – ‘Court of Kazi’, ‘Court of (Darul Kaja) Kajiyat’, ‘Sharia Court’ – Legal status – Decisions/fatwas – Whether binding – Whether enforceable Held, bodies styled as Court of Kazi, Court of (Darul Kaja) Kajiyat, Sharia Court, etc., have no recognition in law. Any declaration/decision or fatwa issued by such bodies is not binding on any person, is unenforceable through any coercive process, and has no legal sanction. Such decisions can at best be valid inter se the parties who willingly accept and act upon them, provided they do not conflict with any law. They do not bind third parties. Reaffirmed principles in Vishwa Lochan Madan v. Union of India, (2014) 7 SCC 707. [Para 23]

Code of Criminal Procedure, 1973 – S.125 – Maintenance – Muslim parties – Divorce before informal religious fora (Court of Kazi/Darul Kaja/Kajiyat) – Effect – Wife’s right to maintenance – When denial impermissible – Erroneous reasoning of Family Court – Date from which maintenance payable – Principles reaffirmed

Appellant-wife, married to respondent no.2 according to Islamic customs, and having two children, was subjected to alleged cruelty and dowry demand. Husband filed a “divorce suit” before the Court of Kazi which was dismissed on a compromise. Three years later, he again filed a divorce proceeding before the so-called Court of (Darul Kaja) Kajiyat, which was allowed. Appellant thereafter filed application u/s 125 CrPC for maintenance for herself and the two children. Family Court awarded maintenance only for the children and rejected the appellant’s claim on the basis that (i) the marriage was a second marriage for both parties, hence no dowry could be demanded; and (ii) compromise deed reflected that the appellant had admitted her mistake, indicating her conduct caused the rift. High Court upheld the rejection.

Held, reasoning of the Family Court that no dowry could be demanded because it was a second marriage is unknown to the canons of law and based on mere conjecture and surmise. Presumption that second marriages necessarily rule out dowry demands is impermissible. Further finding that compromise deed recorded admission of wrongdoing by the appellant is factually incorrect; the deed contains no such admission. Very basis for denying maintenance is ex-facie unsustainable. Maintenance could not have been denied under the prevailing circumstances.

Respondent no.2 directed to pay Rs.4,000 per month as maintenance to the appellant-wife, from the date of filing of the maintenance petition. Maintenance granted to the children also to be payable from the date of filing of the application. Maintenance to daughter payable only till she attained majority. Orders of Family Court and High Court set aside. [Paras 14, 15, 18]

Judicial Fora – Informal justice delivery system – ‘Court of Kazi’, ‘Court of (Darul Kaja) Kajiyat’, ‘Sharia Court’ – Legal status – Decisions/fatwas – Whether binding – Whether enforceable

Held, bodies styled as Court of Kazi, Court of (Darul Kaja) Kajiyat, Sharia Court, etc., have no recognition in law. Any declaration/decision or fatwa issued by such bodies is not binding on any person, is unenforceable through any coercive process, and has no legal sanction. Such decisions can at best be valid inter se the parties who willingly accept and act upon them, provided they do not conflict with any law. They do not bind third parties. Reaffirmed principles in Vishwa Lochan Madan v. Union of India, (2014) 7 SCC 707. [Para 23]

Maintenance – Date from which maintenance payable – Judicial principles – Beneficial legislation – Delay in disposal – Directions in Rajnesh v. Neha applied

Following Rajnesh v. Neha, (2021) 2 SCC 324, maintenance under S.125 CrPC ordinarily should be granted from the date of application, especially considering delays in court processes and the beneficial nature of the legislation to prevent destitution and vagrancy. [Paras 17, 18]

Case Law Cited

1. Rajnesh v. Neha, [2020] 13 SCR 1093 : (2021) 2 SCC 324 – relied on.

2. Nagarathinam v. State, [2023] 4 SCR 1124 : 2023 SCC OnLine SC 559 – referred to.

3. Vishwa Lochan Madan v. Union of India, [2014] 8 SCR 195 : (2014) 7 SCC 707 – referred to.