SC will hear petitions against polygamy, nikah halala among Muslims after winter break

NEW DELHI: The Supreme Court said Monday that it will hear after the winter break the challenging practical pleas of polygamy and 'nikah halala' among Muslims.

The issue was mentioned before a bank composed of the president of Supreme Court SA Bobde and judges BR Gavai and Surya Kant who said the matter cannot be heard immediately and will be included in the list for the reopening of the apex court afterwards of the winter holidays in January 2019.

The plea was mentioned by BJP lawyer and politician Ashwini Upadhyay, who sought an address to declare polygamy and 'nikah halala' among Muslims as unconstitutional and illegal.

The higher court in July 2018 had considered the statement and referred the matter to a bank of the Constitution that had already been asked to listen to a batch of similar petitions.

The superior court had issued a notice to the Center about the petition filed by a Farjana and labeled Upadhyay's plea along with a batch of petitions to be heard by the constitution bank.

The petitioner is presenting this petition in accordance with article 32 of the Constitution in search of a court order, order or address in the nature of the mandamus to declare polygamy and nikah halala, practiced in the Muslim community, illegal and unconstitutional for violating the Articles 14, 15, 21 and 25 of the Constitution, said the statement.

The lawyer's petition also sought a statement that extrajudicial logging is a cruelty under Section 498A of the IPC, nikah halala is a crime under Section 375 of the IPC, and polygamy is a crime under Section 494 of the IPC , 1860.

The supreme court, which on August 22, 2017, had banned the ancestral practice of instant 'triple talaq' among Sunni Muslims, on March 26, 2018 decided to send a batch of pleas to a larger bank challenging the constitutional validity of Polygamy and 'nikah halala' among Muslims.

While polygamy allows a Muslim man to have four wives, 'nikah halala' is a process in which a Muslim woman, who wants to remarry her husband after divorce, must first marry another person and divorce the second person after consummating the marriage.

The Supreme Court referred the pleas to a larger bank after a previous constitutional bank of five judges, in its 2017 verdict, kept open the issue of polygamy and the 'nikah halala', while canceling the practice of 'triple talaq '.

He had also issued notices to the Ministry of Justice and Law, the Ministry of Minority Affairs and the National Women's Commission (NCW) at that time.

Some requests have also challenged the practices of 'Nikah Mutah' and '', two types of temporary marriages in which the duration of the relationship is specified and agreed in advance.

In one of the petitions, one Sameena Begum has said that, under Muslim Personal Law, Section 494 of (remarrying during the life of the husband or wife) became unenforceable to Muslims and no married woman of The community has the possibility to present it. a complaint against her husband for the crime of.

Another statement was submitted by an alias of Rani, Sabnam, who alleged that she and her three minor children were expelled from the marriage house after her husband remarried. She has sought that the practices of polygamy and 'nikah halala' among Muslims be declared unconstitutional.

Nafisa Khan, based in Delhi, filed a similar statement in search of almost the same repairs.

She has tried to declare the Dissolution of Muslim Marriages Act of 1939 as unconstitutional and in violation of articles 14, 15, 21 and 25 (freedom of conscience and free profession, practice and propagation of religion) of the Constitution to the extent that It fails to ensure Indian Muslim women the protection against bigamy that has been legally guaranteed for women in India who belong to other religions.

The higher court also allowed the Muslim Women's Resistance Committee, Kolkata, to submit a request for implementation as a party to the hearing.