@JUDGMENTTAG-ORDER
Ajit Singh, J.@mdashIn this petition filed as Public Interest Litigation the petitioner has essentially prayed that respondents No. I Masaajid Committee, No. 2 Darul-Qaza Masaajid Committee, and No.4 Darul Ifta Masaajid Committee all at Bhopal be restrained from passing any order, judgment or "fatwa" in matrimonial disputes between Muslims. The petitioner claims himself to be a social worker mainly interested in the upliftment of downtrodden Muslims. According to him respondents Masaajid Committee, Darul-Qaza Masaajid Committee, and Darul Ifta Masaajid Committee, are unlawfully entertaining matrimonial disputes between the Muslims and deciding them under their seal by passing orders, judgments and issuing "fatwas". The petitioner submits that such matters can be decided only by the civil courts and these committees cannot run parallel courts. The petitioner has also referred to a case of one Salma Begum, resident of Jabalpur whose matrimonial dispute was allegedly unlawfully adjudicated by Masaajid Committee, Bhopal. He has also referred to "fatwas", Annexures P12 and P13, issued by Darul Ifta Masaajid Committee relating to divorce under its seal.
2. The State Government in its reply has stated that from the time of erstwhile Nawab of Bhopal, it was prevalent that personal disputes particularly matrimonial were settled by committees constituted by the Nawab and, therefore, similar arrangement is being allowed to continue by constituting Masaajid/Darul-Qaza Committee in Bhopal, Raisen and Sehore districts. The State Government has, however, made it clear that none of these committees are vested with powers to adjudicate disputes over which civil courts have jurisdiction. According to the State Government at best the committees can try to resolve matrimonial disputes amicably and not beyond it.
3. The learned counsel appearing for respondents Masaajid Committee, Darul-Qaza Masaajid Committee and Darul Ifta Masaajid Committee, has stated that these committees undertake that they will not adjudicate any matrimonial dispute between Muslims by passing any order, judgment or "fatwa".
4. After establishment of the civil courts in India, the jurisdiction to decide matters of civil nature is wholly vested in these courts. It is to that end that section 9 of the CPC enacts that the civil courts will have jurisdiction to try all suits of civil nature excepting the suits of which cognizance is expressly or impliedly barred. To oust the jurisdiction of a civil court to decide a suit of civil nature there should be some statutory provision barring taking cognizance of that matter. The matters relating to matrimonial dispute or other matters of that nature are wholly within the cognizance of civil courts. There cannot, therefore, be any jurisdiction in the Masaajid Committee, Bhopal, Darul-Qaza, Masaajid Committee, Bhopal, and Darul Ifta Masaajid Committee, Bhopal functioning under the Muslim Personal Law for deciding such disputes.
5. Counselling and mediation within reasonable limits are permissible. But in the garb of counseling and mediation, we direct Masaajid Committee, Darul-Qaza Masaajid Committee and Darul Ifta Masaajid Committee, not to take over the functions of a civil court and adjudicate matters relating to matrimonial dispute, including one relating to maintenance.
6. If any party is aggrieved with the decision of Masaajid Committee, Darul-Qaza Masaajid Committee and Darul Ifta Masaajid Committee all at Bhopal pertaining to matrimonial dispute or maintenance, it will be at liberty to challenge the same before the appropriate forum. With the above direction, the petition stands finally disposed of.
