November 5, 2025
  • Madras HC quashed a Khula (divorce) certificate issued to a woman by Shariat Council of Tamil Nadu. It has ruled that Khulacertificates issued by private bodies are invalid in law.
  • The private bodies such as the Shariat Council, cannot pronounce or certify dissolution of marriage by Khula. They are not courts or arbitrators of disputes, the judge said.
  • HC asserted that only judicial forums were empowered to pass a decree to dissolve a marriage under Section 7(1)(b) of Family Courts (FC) Act, 1984.

About Family courts

  • Establishment of Family Courts:
    • The Family Courts Act, 1984was enacted for the establishment of Family Courts with a view to promote conciliation, and secure speedy settlement of disputes relating to marriage and family affairs and for related matters.
  • Appointment of Judges:
    • The State Governmentmay, with the concurrence of the High Court, appoint one or more persons to be the Judge or Judges of a Family Court.
  • Association of Social Welfare Agencies:
    • The State Governmentmay provide with a Family Court of:
      • Institutions or organisationsengaged in social welfare.
      • Personsprofessionally engaged in promoting the welfare of the family.
      • Personsworking in the field of social welfare.
      • Any other personwhose association with a Family Court would enable it to exercise its jurisdiction more effectively in accordance with the purposes of this Act.

 

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