Jurisdictional Jamath Not Issuing NOC For Marriage To Eligible Applicant Violative Of Fundamental Right Under Article 21 of Constitution: Madras High Court

The petitioner approached the High Court seeking issuance of a Writ of Mandamus, directing the respondents to take necessary action against the Muthavalli and Secretary of the jurisdictional Jamath based on his representation in respect of excommunication and to ensure the issuance of the NOC for petitioner's daughter's Marriage.

The Single Bench of Justice G.R. Swaminathan stated, “By not issuing NOC to an eligible applicant, the jurisdictional Jamath violates the fundamental right under Article 21 of the Constitution of India. I hold that redressal can be sought in writ proceedings in such cases and the Writ Court is empowered to issue directions to the jurisdictional Jamath.”

Advocate K.Yasar Arafath represented the Petitioner while Special Government Pleader M.Lingadurai represented the Respondents.

Factual Background

The writ petitioner is a permanent resident of Thinaikulam Village, staying in Mellakottai Village, Ramanathapuram District as her husband works aboard.The petitioner's daughter's marriage is to be held in Ramanathapuram under the aegis Mellakottai Jamath since the petitioner is presently residing there. According to the long standing custom prevailing in Tamil Nadu, the jurisdictional Jamath has to issue no objection certificate to the petitioner's daughter and only then, Mellakottai Jamath will conduct the marriage. Since the fourth and fifth respondents who are the Muthavalli and Secretary of the jurisdictional Jamath were declining to issue NOC on account of some dispute with the petitioner's family, this writ petition was filed.

Reasoning

Referring to the Waqf Board’s resolution in respect of issues such as the one on hand, the Bench noted that the Board took cognizance of acts of excommunication, refusal to grant NOC for marriage, refusal to allow burrial etc prevalent in certain Muslim Jamaths to settle personal scores. The Board condemned them as being contrary to the ideals of Islam. It cautioned the Muthawallis and the administrative committees against acting arbitrarily in such matters.

The Bench further referred to the judgment in Shafin Jahan v. Asokan K.M., (2018) and affirmed that the right to get married is a part of one's right to privacy. It partakes the character of a fundamental right. As per the Bench, the fourth respondent has no right to erect any impediment for the fulfilment of the said fundamental right. The Bench explained that the Waqf Board has the statutory power under Section 32 of the Waqf Act, 1995 to issue general directions.

“When a general resolution had already been passed by the Waqf Board on the subject matter, it is duty of the respondent Jamath to abide by the same. When as per custom, without NOC from the jurisdictional Jamath, nikha cannot be solemnized, the jurisdictional Jamath has a duty to issue the NOC when sought for unless the applicant suffers from any disqualification. If the female applicant is already married and the same has not been dissolved, certainly the jurisdictional Jamath will be justified in refusing to issue NOC. But then, it has to respond in writing when a request has been made. If there is no hurdle, the Jamath is obliged to issue NOC without any delay once it is sought for”, it held.

The Bench directed the respondents to issue NOC so as to enable the petitioner's daughter to get married as per Islamic rites and customs. “The marriage is to be celebrated in Ramanathapuram but is to be conducted under the aegis of Mellakottai Jamath”, the Bench mentioned while allowing the Petition.

Cause Title: Ulpath Nisha v. The Tamilnadu Wakf Board (Case No.: W.P(MD)No.25272 of 2025)

Appearance

Petitioner: Advocate K.Yasar Arafath

Respondent: Special Government Pleader M.Lingadurai, Advocate K.K.Senthil

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