Jamath Denying NOC For 'Nikha' To Eligible Muslim Woman Violates Right To Life Under Article 21: Madras High Court
The Madras High Court has observed that the jurisdictional Jamath is obliged to issue a No-Objection Certificate to an applicant for conducting Nikha, if the applicant is not otherwise disqualified. Justice GR Swaminathan held that the non-issuance of an NOC to an eligible applicant would violate the applicant's fundamental right under Article 21 of the Constitution. The court...
The Madras High Court has observed that the jurisdictional Jamath is obliged to issue a No-Objection Certificate to an applicant for conducting Nikha, if the applicant is not otherwise disqualified.
Justice GR Swaminathan held that the non-issuance of an NOC to an eligible applicant would violate the applicant's fundamental right under Article 21 of the Constitution. The court noted that, as per the Islamic tradition, an NOC had to be obtained by the jurisdictional Jamath for the solemnisation of the Nikkah. Thus, the court said that when the custom stood thus, the Jamath had a duty to issue NOC unless the applicant was otherwise disqualified.
“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,” the court said.
The court was hearing a petition by a muslim woman against the jurisdictional Jamath's refusal to grant NOC. She submitted that she was a permanent resident of Thinaikulam Village but was currently residing in Mellakottai Village, Ramanathapuram District. She submitted that her daughter's wedding was to be solemnised on 28th September 2025, and the Al Mazithun Noor Jumma Pallivasal Jamath, Thinaikulam, was the jurisdictional jamath for the family. She submitted that the Muthavalli and Secretary of the jurisdictional jamath were declining to issue an NOC due to some dispute with the family. Hence, she approached the court.
The Wakf Board submitted that it had passed a special resolution taking cognisance of the acts of excommunication, refusal to grant NOC for marriage, refusal to allow burial, etc, prevalent in certain Muslim Jamaths to settle personal scores. The court also noted that the Board had condemned such acts as being contrary to the ideals of Islam and cautioned the Muthawallis and administrative committees against passing such arbitrary actions.
The court noted that the right to get married was a part of one's right to privacy, and the Jamath could not raise any impediment to the fulfillment of the right. The report also noted that when the Wakf Board, under its statutory power as per Section 32 of the Wakf Act, had issued general directions in this regard, the Jamath was duty-bound to abide by the same.
The court thus directed the Muthavalli and the Secretary to grant NOC allowing the daughter to get married as per the Islamic rites and customs. The court also directed the respondents to register the marriage after it is solemnised.
Counsel for the Petitioner: Mr. K. Yasar Arafath
Counsel for the Respondent: Mr. M. Lingadurai, Spl. Government Pleader, Mr. K. K. Senthil
Case Title: Ulpath Nisha v. The Tamil Nadu Wakf Board
Citation: 2025 LiveLaw (Mad) 316
Case No: W.P(MD)No.25272 of 2025