The Supreme Court of India, comprising Justices Sudhanshu Dhulia and Ahsanuddin Amanullah, in Shahjahan vs State of Uttar Pradesh & Anr., Criminal Appeal No. 2112 of 2025, reiterated that institutions such as ‘Court of Kazi’, ‘Darul Kaza’, and ‘Sharia Court’ have no legal recognition under Indian law. The Court held that any declarations or decisions issued by such bodies are not binding and cannot be enforced through any coercive measures.
Background of the Case
The appellant-wife, Shahjahan, was married to respondent no.2, Gaffar Khan, on 24 September 2002 according to Islamic customs. Both parties had been married earlier. Two children, Aatika and Muzammil, were born from the wedlock.
In 2005, the respondent-husband filed Divorce Suit No. 325 of 2005 before the ‘Court of Kazi’, Bhopal, which was dismissed after a compromise between the parties on 22 November 2005. However, in 2008, the respondent once again approached the ‘Court of (Darul Kaza) Kajiyat’ in Bhopal seeking divorce. Subsequently, the appellant filed an application under Section 125 of the Code of Criminal Procedure, 1973 (CrPC), seeking maintenance for herself and her children.
The Family Court, Jhansi, by order dated 23 April 2010, awarded maintenance to the children but denied it to the appellant. The High Court of Judicature at Allahabad dismissed her challenge against this order.
Submissions of the Parties
The appellant contended that she was subjected to cruelty and turned out of the matrimonial home for dowry demands, and that she had no independent source of income. It was also argued that repeated suits were filed by the respondent before religious bodies styled as ‘Sharia Courts’.
The State opposed the appeal, submitting that maintenance was rightly limited to the children and that the appellant was living separately without sufficient reason. The respondent-husband did not appear despite service of notice.
Court’s Analysis and Observations
While examining the background, the Court addressed the issue of proceedings conducted before bodies like the ‘Court of Kazi’, ‘Darul Kaza’, and ‘Sharia Court’. Referring to the judgment in Vishwa Lochan Madan vs Union of India, (2014) 7 SCC 707, the Court observed:
“Court of Kazi’, ‘Court of (Darul Kaza) Kajiyat’, ‘Sharia Court’ etcetera by whatever name styled have no recognition in law. As noted in Vishwa Lochan Madan (supra), any declaration/decision by such bodies, by whatever name labelled, is not binding on anyone and is unenforceable by resort to any coercive measure.”
The Court clarified that:
“A fatwa or a decision from such bodies does not emanate from any judicial system recognised by law, and thus cannot be enforced by any process. They are informal mechanisms at best and can only have an effect if voluntarily accepted by the concerned parties without conflicting with any other law.”
It was further emphasised that if any coercive attempt is made to enforce such decisions, it would be illegal and must be dealt with in accordance with law.
Final Decision
The Supreme Court set aside the orders of the Family Court and the High Court, granted maintenance of Rs.4,000 per month to the appellant-wife from the date of filing of her maintenance petition, and directed that the maintenance to the children would also be payable from the date of the application. It clarified that the maintenance to the daughter would continue only until she attained majority.
Additionally, the Court reiterated the legal position that religious adjudication bodies have no binding authority under Indian law and their pronouncements cannot replace or override judicial determinations made by courts constituted under the Constitution and laws of India.
The appeal was allowed, and no order as to costs was made.
