A Kazi Can Act As Mediator To Settle Disputes But Can’t Adjudicate Them & Pass Orders Like A Decree: Madhya Pradesh High Court
[25 January 2022] The Madhya Pradesh High Court (Indore Bench) observed that a Kazi can entertain a dispute and acts as a mediator to settle the dispute between the members of the Muslim community but he cannot adjudicate the dispute like a court and pass an order like a decree. With this, the Bench of Justice Vivek Rusia and Justice Rajendra Kumar Verma noted that an order of the Kazi granting Talaq (divorce) by way of Khula has no legal sanctity and can simply be ignored. The PIL alleged that the All India Muslim Personal Law Board and the Kazis are running their own courts and passing orders and decrees in personal matters. The Petitioner also referred to his personal matter, wherein on an application filed by his wife for divorce by “Khula”, the Divorce was granted to him. The Court held that a Kazi is only entitled to enter into a negotiation/mediation between the parties in order to settle the dispute and that he can’t issue orders like a Court. Further, the Court referred to the case of Vishwa Lochan Madan v. Union of India and others (2014) 7 SCC 707 to note that such an order, as passed by the Kazi in the instant matter, has no legal sanctity and can simply be ignored.