2 min readBengaluruApr 14, 2026 07:52 PM ISTThe husband in the case sought to summon the mutawalli of the mosque to produce documents and testify (Image generated using AI).The Karnataka High Court recently ruled that summoning a mutawalli (manager of a Waqf property) to depose in a cruelty case filed by a woman against her estranged husband is unnecessary. The court noted that a mutawalli cannot provide relevant testimony regarding allegations of domestic cruelty under Section 498A of the Indian Penal Code (IPC).The case involved an interfaith couple: the complainant is Muslim, while the husband is Hindu. The duo had performed a nikah, which was registered at a mosque, and a formal marriage certificate was issued according to Islamic rituals.In 2021, the woman filed a criminal case against her husband and his relatives under IPC Sections 498A (cruelty), 494 (bigamy), 420 (cheating), 504 (intentional insult), and 506 (criminal intimidation). Following the conclusion of the trial, the husband moved an application under Section 91 of the Code of Criminal Procedure (CrPC), seeking to summon the mutawalli of the mosque to produce documents and testify.Advocate K V Narasimhan, representing the husband, argued that the mutawalli’s examination was imperative to authenticate the Nikahnama (marriage contract), as the ceremony had taken place in his presence.Opposing this, Advocate B V Mohan Adekar, appearing for the complainant, argued that the nikah documents already clearly established the marriage. He contended that the mere fact that the ceremony involved an interfaith couple at a mosque did not necessitate the mutawalli’s presence as a witness for a trial focused on cruelty.Justice M Nagaprasanna, in his order dated March 23, upheld the trial court’s decision to reject the husband’s application. The bench noted that the application was filed at the stage of defence evidence, after the trial had already concluded.“The issue in the lis [dispute] is with regard to alleged cruelty meted out by the husband upon the wife. What will a mutawalli come and depose with regard to the said cruelty is un-understandable,” Justice Nagaprasanna observed.Story continues below this adDismissing the petition, the court concluded that since the Nikahnama was already on record as proof of marriage, there was no legal warrant to interfere with the trial court’s order. © IE Online Media Services Pvt Ltd