Saying that religion may “guide” personal faith and conscience but religious belief cannot be used to decide a person’s legal rights, the Chhattisgarh High Court has set aside a triple talaq divorce declaration issued by a Shariyat Court. The court observed that the religious institution had no legal authority to declare a 38-year-old woman’s marriage dissolved and that its decision could not change her marital status.Justice Amitendra Kishore Prasad was hearing a petition filed by the woman who challenged the January 18, 2022, order of the Idara-E-Shariya Islami Court, which declared that she had been divorced through Talaq-e-Hasan. Talaq-e-Hasan is a form of divorce that takes place over three months, with the husband pronouncing talaq once in each month.The woman also challenged the very existence of the Idara-E-Shariya Islami Court, which she claimed had no legal authority to decide such matters. The woman claimed that she was not given an opportunity to present her side before the religious body, which had acted on the basis of Shariyat law.“Religion may guide an individual’s conscience and personal faith, but no religious institution or private body can be permitted to assume the authority of a court established by law or to use religious belief as a means of determining or enforcing the legal status and rights of an individual. The rule of law and the constitutional framework remain paramount,” the September 7 order read.Also Read | Talaq-e-Hasan valid when pronounced as per Muslim law: Allahabad High CourtThe court clarified that the Shariyat body cannot act as a court recognised under the Constitution or Indian law, and any decision issued by it cannot be treated as a legally binding decision on the couple’s marriage or other legal rights.Second marriage, husband has medical conditionsThe petitioner, a Muslim woman, claimed that her first husband died in 2015 and that she later married the present husband in July, 2020. She had children from her first marriage. According to the husband, the children were unable to adjust to the new family, which led to the marital dispute. Justice Amitendra Kishore Prasad held that Shariyat Court could, at most, be treated as a “religious opinion”.The husband claimed that because of domestic discord and irreconcilable differences, he pronounced Talaq-e-Hasan in three stages through communications between August, September and October, 2021. Story continues below this adThe woman also claimed that her husband had medical conditions which affected his ability to discharge his marital obligations. She later complained to the authorities about alleged harassment, cruelty and ill-treatment by her husband and his family.An FIR was registered in November, 2021. Despite this, the Idara-E-Shariya Islami Court proceeded with the matter and issued its January 18, 2022 communication declaring that the woman had been divorced.ArgumentsThe woman was represented by advocate Devershi Thakur, who argued that his client, an educated Muslim woman, was shocked to find that a private religious institution had passed an order affecting her marital status.Thakur also pointed out that the order was issued even though the woman had already approached the authorities and legal proceedings were pending.Story continues below this adThe lawyer argued that a private or self-styled Shariya Court cannot exercise powers that belong to courts established under Indian law or pass orders changing the legal rights or status of a person.The man, however, was represented by senior advocate Fouzia Mirza, who argued that his pronouncement of triple talaq was made as part of what he claimed were his personal rights under Muslim Personal Law.Mirza said the January 18, 2022 communication issued by the religious institution merely informed the woman that the talaq had been pronounced. She argued that the communication, by itself, could not be treated as a court decision determining the couple’s legal rights or marital status.Private bodies can’t issue court ordersThe court also referred to earlier Supreme Court observations that religious bodies cannot issue decisions affecting a person’s rights, status or obligations without the person seeking such a decision. Such decisions are not legally binding and cannot be enforced by force.Story continues below this ad“The existence of Dar-ul-Qaza (informal Islamic courts) or the practice of issuing fatwas, by itself, was not declared illegal; however, such bodies cannot assume the status or authority of courts established under law,” it clarified.The court said that the January 18, 2022 communication by the Shariyat Court could, at most, be treated as a “religious opinion”. It was not a court order and could not legally dissolve the marriage. “It neither creates, extinguishes nor alters any legally enforceable right or status of the petitioner,” the court added.The court therefore declared the communication to be without legal authority and held that the religious body had no power to decide the woman’s marital status.However, the Chhattisgarh High Court did not decide whether Talaq-e-Hasan itself is constitutionally valid, leaving that question open as the issue is pending before the Supreme Court.