Back from summer vacation, Supreme Court agrees to urgent listing of pleas against nikah halala and polygamy

The Supreme Court has also agreed to consider listing of a batch of petitions challenging the practices of polygamy and 'nikah halala' among Muslims.

FP Staff July 02, 2018 13:49:37 IST
Back from summer vacation, Supreme Court agrees to urgent listing of pleas against nikah halala and polygamy

The Supreme Court on Monday resumed work after a 44-day summer break and heard a slew of cases, including a batch of petitions challenging the practices of polygamy and 'nikah halala' among Muslims. The apex court agreed to consider listing of a batch of petitions challenging the practices of polygamy and 'nikah halala' among Muslims as the lawyer representing the petitioner said that her life is in danger.

A bench comprising Chief Justice Dipak Misra and Justice AM Khanwilkar and Justice DY Chandrachud considered the submissions of senior advocate V Shekhar that the petitions be listed before a five-judge Constitution bench for final adjudication.

Back from summer vacation Supreme Court agrees to urgent listing of pleas against nikah halala and polygamy

Supreme Court of India met after a break of 44-days on Monday. Reuters

Shekhar and lawyer Ashwini Upadhyay, appearing for one of the Delhi-based petitioners Sameena Begum, alleged that she was threatened and asked to withdraw her petition challenging 'nikah halala' and polygamy among Muslims. The bench, meanwhile, allowed Additional Solicitor General Tushar Mehta, appearing for the Centre, to file a response to the petition on the issue.

Speaking to ANI, Upadhyay said, "Petitioner is being threatened that she will be raped and killed. We mentioned this before the Supreme Court, they said they will hear the matter soon. ASG Tushar Mehta, appearing for central government, said that they will file a written statement soon."

Nikah halala is a practice intended to curb the incidence of divorce under which a man cannot remarry his former wife without her having to go through the process of marrying someone else, consummating it, getting divorced and observing a separation period called 'Iddat' before she can marry her former husband again.

The petition, filed by the Delhi-based woman, had claimed that by virtue of the Muslim Personal Law and Section 494 of the Indian Penal Code (marrying again during lifetime of husband or wife) was rendered inapplicable to Muslims and no married woman from the community has the avenue of filing a complaint against her husband for the offence of bigamy.

Judgement on other crucial cases like Aadhaar's constitutional validity and a plea challenging the appointment of incumbent Chief Vigilance Commissioner KV Chaudhary, Vigilance Commissioner TM Bhasin is expected.

The court will also resume hearing appeals against an eight-year-old verdict of the Allahabad High Court on the Ayodhya dispute. Issues regarding air pollution in Delhi-NCR,  Manipur encounter killings and Assam National Register of Citizens (NRC) are few other matters likely to come up for hearing.

With inputs from agencies

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