The Madurai Bench of the Madras High Court upheld compensation for a Muslim wife subjected to domestic violence, emphasizing that the Shariat Committee is a private body and has no judicial authority.

The court’s decision comes in response to a civil review petition filed by MA Rafi Ahamed, who sought to quash an earlier order awarding his ex-wife, Vaseela Banu, Rs 5 lakh in compensation for domestic violence, along with Rs 25,000 for the maintenance of your minor child.

The case dates back to 2018, when Vaseela Banu filed a petition under the Protection of Women from Domestic Violence Act, 2005. She cited multiple instances of violence inflicted by her husband. In the initial ruling of the Judicial Magistrate Court he was awarded compensation, a decision later confirmed by the Additional District and Sessions Judge of Tirunelveli on December 2, 2022.

During the hearings, Justice GR Swaminathan noted that Rafi Ahamed had attempted to end the marriage by uttering “Talaq” three times between 2017 and 2018. However, he failed to obtain a court declaration confirming the dissolution of the marriage. The petitioner presented evidence of his divorce certificate issued by the Shariat Council of Tamil Nadu Towhead Jamath on November 29, 2017, but the judge emphasized that the Shariat Council lacks the authority of a court.

Rafi Ahamed had married another woman on January 28, 2018, shortly after his alleged divorce from Vaseela. However, Vaseela claimed that she had not received any notification about the third Talaq, which made the divorce invalid for her.

“The certificate issued by Chief Kazi of the Shariat Council does not constitute a legal divorce. Only courts duly constituted by the State can pass judgment,” Justice Swaminathan commented. He further submitted that the review petitioner had not furnished any evidence to show that the third Talaq notice had been served on Vaseela Banu. Consequently, the judge ruled that the marriage was still valid, as no legal dissolution had occurred.