New Delhi: On the demand of banning polygamy, nikah halala and mutah prevalent among Muslims, the Supreme Court has given its consent to constitute a constitution bench soon. However, the date of hearing has not been fixed yet. Supreme Court Chief Justice DY Chandrachud said that soon the date will be fixed for hearing on the cases of polygamy, nikah halala and mutah prevalent among Muslims.
Actually, the Supreme Court has given this instruction on the petition filed by the petitioner Ashwini Kumar Upadhyay. The petition demanded a ban on polygamy, nikah halala, and mutah practices prevalent among Muslims. It has been said in the petition that these practices prevalent among Muslims are illegal and unconstitutional.
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It has been said in the petition that in the practice of Nikah-Halala, a divorced woman has to first marry someone else. After this, under Muslim personal law, one has to take divorce from her first husband to remarry. On the other hand polygamy is the practice of having more than one wife or husband at the same time.
Petitioner Ashwini Upadhyay, in his PIL, has sought a direction to declare polygamy and ‘nikah halala’ unconstitutional and illegal. Let us tell you that the apex court had considered his petition in July 2018 and had sent the matter to the constitution bench which was already hearing similar petitions.
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Tags: Muslim, Muslim Marriage, supreme court
FIRST PUBLISHED : January 20, 2023, 12:23 IST