Home NewsAsia SC To Set Up Fresh 5-Judge Bench To Hear Pleas Challenging Polygamy And ‘Nikah Halala’

SC To Set Up Fresh 5-Judge Bench To Hear Pleas Challenging Polygamy And ‘Nikah Halala’

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The Supreme Courtroom mentioned on Thursday it’ll arrange a contemporary five-judge Structure bench to listen to the pleas difficult the constitutional validity of polygamy and ‘nikah halala’ amongst Muslims. A bench comprising Chief Justice D Y Chandrachud and Justices Hima Kohli and J B Pardiwala was urged by lawyer Ashwini Upadhyay, who has filed a PIL on the problem, {that a} contemporary five-judge bench was wanted to be constituted as two judges of the earlier bench-Justice Indira Banerjee and Justice Hemant Gupta- have demitted workplace.

“We’ll kind a bench,” the CJI responded.

On August 30, a five-judge bench comprising Justices Indira Banerjee, Hemant Gupta, Surya Kant, M M Sundresh and Sudhanshu Dhulia had made the Nationwide Human Rights Fee (NHRC), Nationwide Fee for Ladies (NCW) and the Nationwide Fee for Minorities (NCM) events to the PILs and sought their responses.

Later, Justice Banerjee and Justice Gupta retired on September 23 and October 16 this yr respectively giving rise to the necessity for re-constitution of the bench to listen to as many as eight petitions in opposition to the practices of polygamy and ‘nikah halala’.

Upadhyay, in his PIL, has sought a course to declare polygamy and ‘nikah halala’ unconstitutional and unlawful.

The apex court docket had in July 2018 thought-about the plea and referred the matter to a Structure bench already tasked with listening to a batch of comparable petitions.

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The apex court docket had issued discover to the Centre on the petition filed by a lady named Farjana and tagged Upadhyay’s plea to a batch of petitions to be heard by the Structure bench.

The lawyer’s petition sought declaring extrajudicial talaq a cruelty below Part 498A (husband or his family subjecting a lady to cruelty) of of the IPC. It claimed nikah halala is an offence below Part 375 (rape) of the IPC, and polygamy a criminal offense below Part 494 (Marrying once more throughout life-time of husband or spouse) of the IPC, 1860.

The apex court docket, which on August 22, 2017 banned the age-old follow of instantaneous ‘triple talaq’ amongst Sunni Muslims, had on March 26, 2018 determined to check with a bigger bench a batch of pleas difficult the constitutional validity of polygamy and ‘nikah halala’.

Whereas polygamy permits a Muslim man to have 4 wives, ‘nikah halala’ is a course of below which a divorced Muslim lady has to first marry one other individual, consummate it and break up from the second husband, if the couple had been to remarry after a compromise.

The pleas had been referred to a bigger bench by the Supreme Courtroom after an earlier five-judge structure bench in its 2017 verdict saved open the problem of polygamy and ‘nikah halala’ whereas quashing the follow of ‘triple talaq’.

It had additionally issued notices to the Regulation and Justice Ministry, the Minority Affairs Ministry and the Nationwide Fee of Ladies (NCW) at the moment.

Some petitions have additionally challenged the practices of ‘Nikah Mutah’ and ‘Nikah Misyar’ — two forms of momentary marriages the place period of the connection is specified and agreed upon upfront.

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In one of many petitions, a lady named Sameena Begum has mentioned by advantage of the Muslim Private Regulation, Part 494 of the Indian Penal Code (punishment for marrying once more throughout lifetime of husband or spouse) was rendered inapplicable to Muslims and no married lady from the neighborhood has the avenue of submitting a criticism in opposition to her husband for the offence of bigamy.

One other plea was filed by Rani alias Shabnam who alleged that she and her three minor kids had been thrown out of the matrimonial dwelling after her husband remarried. She has sought the practices of polygamy and ‘nikah halala’ to be declared unconstitutional.

The same plea was filed by Delhi-based Nafisa Khan searching for nearly the identical reliefs.

She has sought declaring the Dissolution of Muslim Marriages Act, 1939 unconstitutional and violative of Articles 14, 15, 21 and 25 (freedom of conscience and free career, follow and propagation of faith) of the Structure in as far as it fails to safe for Indian Muslim girls safety from bigamy which has been statutorily secured for ladies in India belonging to different religions.

(This report has been revealed as a part of the auto-generated syndicate wire feed. No enhancing has been completed within the headline or the physique by ABP Dwell.)


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