Indore News: Qazi gave the decree of divorce, the decision of the High Court – you are not the court

Indore: The Madhya Pradesh High Court has said that Muslim religious leader Qazi cannot pass judgments like the court. They can play the role of mediator to settle disputes, but cannot pass orders. The High Court gave this decision on Tuesday while hearing a petition for issuance of decree of divorce by Qazi. The High Court has clearly held that a Qazi can act as an arbitrator to settle disputes among the people of the Muslim community, but he cannot pass an order like a “decree” by adjudicating justice in a matter like a court. Justice Vivek Rusia and Justice Rajendra Kumar Verma of the Indore bench of the High Court made the remarks while disposing of a PIL filed by a city-based person. This person from the Muslim community had filed a petition in the year 2018 and challenged the order of the Chief Qazi of Darul-Qaza Cantonment, Indore. The petition said that the Chief Qazi had pronounced the decree of divorce while hearing his wife’s plea for ‘khula’ (Islamic procedure for seeking divorce from her husband by a Muslim woman). The court said in its decision that the Qazi cannot issue a decree (order of the court) like a court. Referring to a decision of the Supreme Court, the court said that any such order of the Qazi has no legal validity and such order can be completely ignored. The High Court in its judgment clarified that it has not expressed any opinion on the matrimonial dispute between the petitioner and his wife. In this case both the parties are free to seek a solution under the law of the land.

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