Chhattisgarh High Court Says Sharia Courts Cannot Legally Grant Divorces

The Chhattisgarh High Court has ruled that a private religious body functioning as a Sharia court does not have the legal authority to dissolve a marriage or issue a binding divorce order.

The High Court declared void an order issued by a Sharia court in Raipur that had declared a woman divorced from her husband. The court held that private religious institutions may provide religious opinions and guidance but cannot exercise judicial powers or alter a person's legal marital status through binding orders.

The case involved 38-year-old Nirosh Abbasi, whose first husband died in 2015. She later married Mohammad Abid Khan, and a dispute subsequently developed within the family over the adjustment of children to the new household.

According to the case details, Abbasi alleged that her husband initiated divorce proceedings and communicated triple talaq on different occasions. She also accused her husband and in-laws of harassment, cruelty and abuse. Counselling efforts reportedly failed to resolve the dispute, following which she filed a complaint and an FIR was registered.

During the dispute, the Raipur Sharia court issued an order on January 18, 2022, declaring Abbasi divorced from her husband.

When the matter reached the Chhattisgarh High Court, Justice Amitendra Kishore Prasad examined whether a private religious institution had the legal authority to determine marital rights and dissolve a marriage.

The High Court held that private bodies, including institutions such as Darul Qaza that issue fatwas or religious opinions, are not legally constituted courts.

According to the ruling, such institutions may provide religious guidance or express opinions based on religious principles, but these opinions cannot compulsorily change an individual's legal rights, obligations or marital status.

The court therefore declared the Sharia court's divorce order void, making it clear that a private religious body cannot exercise powers that belong to legally established courts or authorities.

The High Court did not rule on the constitutional validity of the divorce itself. Instead, it limited its decision to the question of whether the private religious body had the authority to issue a legally binding order.

The ruling emphasises that matters involving legal marital rights and the legal status of a marriage must be determined through a competent judicial or legally recognised process. Religious institutions may offer guidance to followers, but their opinions cannot automatically acquire the force of a court order.

The Chhattisgarh High Court's decision clarifies the distinction between religious opinions and legally enforceable judicial decisions, reaffirming that private religious bodies cannot assume the powers of courts while determining civil or marital rights.