MADURAI: Taking a view that ‘right to get married’ is part of one’s right to privacy and therefore it partakes the character of a fundamental right, the Madurai bench of the Madras High Court directed a jamath at Thinaikulam in Ramanathapuram to issue a No Objection Certificate (NOC) to enable a couple to get married through another jamath in Melakottai village, where the bride’s family currently resides.
Justice G R Swaminathan gave the direction on a petition by the bride’s mother, who is a permanent resident of Thinaikulam. Since her husband is working abroad, she is staying in Melakottai and wanted to conduct her daughter’s marriage ceremony under the aegis of Melakottai jamath, which is not possible without an NOC from the jurisdictional jamath. Alleging that the Al Mazithun Noor Jumma Pallivasal Jamath in Thinaikulam, which is their jurisdictional jamath, denied NOC due to some previous dispute with her family, she sought the court’s intervention.
Justice Swaminathan noted that the TN Waqf Board had already passed a resolution in 2008 taking cognisance of acts of excommunication, refusal to grant NOC for marriage, etc., which are prevalent in certain Muslim jamaths to settle personal scores. The board had condemned these activities as contrary to the ideals of Islam and cautioned Muttawallis and administrative committees not to act arbitrarily in such matters, he added.
The above resolution is binding on the Thinaikulam jamath. As the customs dictate that the marriage cannot be solemnised without an NOC from the jurisdictional jamath, it is the duty of the Thinaikulam jamath to issue an NOC without any delay, if found eligible. By not issuing NOC, the jurisdictional jamath violates the applicant’s fundamental rights, he observed.
Since the marriage is scheduled on September 28, the judge directed the jamath to grant NOC by September 23 and to further register the marriage after it is solemnised.