PIL moved by Former MLA & senior advocate Bader Sayeed seeking to declare that Kazis in India, particularly Tamil Nadu, were not empowered to certify talaq Kazis Act, 1880.
The Bench of Chief Justice S.K. Kaul and Justice M.M. Sundresh also clarified that “for the purposes of courts of legal proceedings, the certificate issued by the Chief Kazi is only an opinion and has no legal sanctity.”
Petitioner Contended that judicial authorities under the Muslim Personal Law, no longer possessed such powers after courts of law were established during the British regime. The Kazi Act established in 1880 was very clear. It had not vested any powers of adjudication with Kazis. Further, the certificate had been given without following necessary precedents like reconciliation. Sometimes, it was done without even the knowledge of the wife.
Court passed an interim order restraining the Chief Kazis from issuing ‘talaq certificates’
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