October 29, 2024: The Madurai bench of the Madras High Court has clarified that the Shariat Council, a private organization, does not hold the authority of a court in matters of divorce. This ruling arose during a civil revision petition involving a Muslim doctor couple, who have been embroiled in a legal dispute over the validity of a triple talaq issued by the husband in 2017.

Justice G R Swaminathan emphasized that while the Shariat Council, associated with the Tamil Nadu Thowheed Jamath, may facilitate discussions around family and financial matters, it lacks the legal power to issue divorce certificates or enforce any penalties. Criticizing the council’s actions, Justice Swaminathan described the issuance of the divorce certificate to the husband as “shocking” and reiterated that only state-authorized courts can issue binding judgments.

The case dates back to 2010 when the couple married. The husband sought a divorce via triple talaq in 2017, but the wife disputed this claim, asserting that she had not received formal notice of the third talaq, thereby rendering their marriage still valid. In response, she filed a petition under the Protection of Women from Domestic Violence Act in 2018.

In a landmark ruling in 2021, the judicial magistrate ruled in favor of the wife, mandating the husband to pay Rs. 5 lakh as compensation for domestic violence and Rs. 25,000 monthly for their minor child’s maintenance. The husband’s subsequent appeal to a sessions court was dismissed, leading him to file the current revision petition with the High Court.

During the proceedings, Justice Swaminathan highlighted that the husband had claimed to have pronounced talaq three times, but the wife’s dispute raised questions about the legitimacy of the divorce. The judge firmly stated, “So long as such a declaration has not been obtained from the jurisdictional court, the marriage is deemed to subsist.”