What is the validity of a divorce given by qaazi
17-Mar-2023 (In Muslim Law Law)
Is qaazi given divorce cirtificate is accepted in registar office ? I want to marry a muslim girl who got divorced from her previous relationship through qaazi. Does the qaazi given divorce cirtificate is accepted in registar office or not.
The Bombay High Court said a talaqnama issued by a qazi was a valid document nullifying a marriage and in that case a court decree is not required and that she can marry under the Special Marriage Act without changing her religion. but in the latest judgement from The bench of The Madras High Court on Jan 11, 2017, which referred to Section 4 of The Kazis Act, 1880, held that the office of the kazi does not confer on the person any judicial or administrative power.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Muslim Law lawyers for your specific legal issue
basha
based on the Madras high court judgement, as per 1880 qazi act he does not have power to grant divorce. what about the divorce granted by qazi before this judgement? are those divorce not acceptable.?
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."