The Top Court on Monday didn't accede to a request to urgently list a petition seeking a declaration that the practice of polygamy & nikah halala are unconstitutional.
A Bench led by CJI 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 & violative of Articles 14, 15 & 21 of the Constitution, insofar as it seeks to recognise & validate the practice of polygamy & nikah halala.
Mr. Upadhyay has contended that a “ban on polygamy & nikah halala has been the need of the hour to secure basic rights & in the interests of public order, morality & health”.
“The injury caused to women through practice of triple talaq, polygamy & nikah halala is violative of Articles 14, 15 & 21 of the Constitution & injurious to public order, morality & health.... Laws dealing with marriage & succession aren't a part of religion, law has to change with time, & international covenants & treaties could be referred to examine validity & reasonableness of a provision,” the petition said.
The petition referred to how the Supreme court had held the triple talaq unconstitutional in Aug 2017.
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