Supreme Court declines urgent hearing of plea against polygamy, nikah halala

Will consider listing the case after the winter vacation, it says

December 02, 2019 01:43 pm | Updated 01:48 pm IST - NEW DELHI

The Supreme Court on Monday did not accede to a request to urgently list a petition seeking a declaration that the practice of polygamy and nikah halala are unconstitutional.

A Bench led by Chief Justice Sharad A. Bobde told petitioner-advocate Ashwini Upadhyay that the court would consider listing the case after the winter vacation.

The petition wants the court to declare Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, unconstitutional and violative of Articles 14, 15 and 21 of the Constitution, insofar as it seeks to recognise and validate the practice of polygamy and nikah halala.

Mr. Upadhyay has contended that a “ban on polygamy and nikah halala has been the need of the hour to secure basic rights and in the interests of public order, morality and health”.

“The injury caused to women through practice of triple talaq, polygamy and nikah halala is violative of Articles 14, 15 and 21 of the Constitution and injurious to public order, morality and health.... Laws dealing with marriage and succession are not a part of religion, law has to change with time, and international covenants and treaties could be referred to examine validity and reasonableness of a provision,” the petition said.

The petition referred to how the apex court had held the triple talaq unconstitutional in August 2017.

Top News Today


Comments have to be in English, and in full sentences. They cannot be abusive or personal. Please abide by our community guidelines for posting your comments.

We have migrated to a new commenting platform. If you are already a registered user of The Hindu and logged in, you may continue to engage with our articles. If you do not have an account please register and login to post comments. Users can access their older comments by logging into their accounts on Vuukle.