Recently, the Madurai Bench of the Madras High Court allowed a petition directing the jurisdictional Jamath authorities to issue a No Objection Certificate (NOC) for solemnizing a marriage under Islamic rites. The petitioner contended that the Muthavalli and Secretary of the Jamath refused to grant the NOC due to a personal dispute, preventing the marriage from taking place. The petitioner resides in a different village within the district, and as per custom, the jurisdictional Jamath is required to issue the NOC for the marriage to proceed.
The Wakf Board intervened in the matter, submitting a resolution condemning practices such as excommunication, denial of marriage-related documents, and social boycott within Muslim Jamaths, stating that such actions are contrary to Islamic principles. The Board cautioned Jamath officials against arbitrarily denying fundamental rights, including issuance of NOCs and burial permissions.
The Court observed that the right to marry is an inherent part of the right to privacy and personal liberty under the Constitution. It held that refusal to issue the NOC infringes fundamental rights enforceable even against private entities like Jamaths. The Court directed the Jamath authorities to issue the NOC without delay and to register the marriage after solemnization according to Islamic customs. The petition was allowed, with instructions for proper service of the order on the respondents to ensure compliance.
The Court highlighted that private religious authorities must not arbitrarily impede essential marriage processes, safeguarding fundamental rights and customary practices.
Case Title: Ulpath Nisha vs. Tamil Nadu Wakf Board and Others
Case No.: W.P(MD) No. 25272 of 2025
Coram: Justice G.R. Swaminathan
Counsel for the Petitioner: Adv. K. Yasar Arafath
Counsel for the Respondents: Special Government Pleader M. Lingadurai, Adv. K.K. Senthil
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