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The Supreme Court, which on August 22 banned the secular practice of "triple talaq" among Sunni Muslims, decided on March 26 to return to a broader bench a set of means challenging the Constitution. the validity of polygamy and "nikah halala" among Muslims.
"We are going to be interested in this," said a magistrate of the Supreme Court's president, Dipak Misra, adding that they will be registered in the Constitutional Bench after the Center submits its response.
While polygamy allows a Muslim man to have four wives, "halala nikah" deals with the process in which a Muslim woman, who wants to remarry with her husband after a divorce, must first marry another person and divorce. the second person after consumption.
Additional Solicitor General Tushar Mehta, representing the Center, said the government would table its response to the petitions.
Development is becoming increasingly important as the Center has recently indicated that it will oppose the Supreme Court's practice of "nikah halala" when the higher court considers its legal validity in the next days.
The court pointed out that veteran lawyer V Shekhar and lawyer Ashwini Kumar Updhayay, who were appearing for Sameena Begum in Delhi, requested an urgent hearing of her petition, alleging that she had been threatened by her in-laws to withdraw the petition. apex court or be expelled from the marital home.
"We will list his petition with other petitions," said the court, also composed of judges AM Khanwilkar and DY Chandrachud.
Lawyers said earlier petitions were on the Supreme Court's list of advanced cases, but later they were dropped, which led to them being mentioned for urgent registration.
On March 26, the court of first instance referred to a tribunal of five judges petitions challenging the constitutional validity of polygamy and "nikah halala" among Muslims.
He had examined the argument that a previous constitutional court of five judges, in his verdict of 2017, had kept open the issue of polygamy and the "nikah halala", while canceling the practice of "triple talaq ".
He then sent opinions to the Ministries of Law and Justice and Minorities, as well as to the National Women's Commission (NCW) after taking note of the pleadings on the issues of polygamy and "nikah halala ".
Some petitions also challenged the practices of "Nikah Mutah". and 'Nikah Misyar & # 39; – the two temporary marriages where the duration of the relationship is specified and agreed upon in advance.
Sameena Begum, in her petition, stated that under Muslim personal law and Article 494 of the Indian Penal Code (remarrying during the life of a husband or wife), she was inapplicable to Muslims and no married woman in the community the opportunity to sue her husband for the offense of bigamy.
Another plea was filed by a man named Rani alias Sabnam who alleged that she and her three minor children were expelled from the matrimonial home after her husband remarried. She requested that the practices of polygamy and "nikah halala" among Muslims be declared unconstitutional.
A similar plea was also filed by a Delhi woman, Nafisa Khan, seeking almost the same reparations.
It sought to declare the 1939 law on the dissolution of Muslim marriages unconstitutional and contrary to Articles 14, 15, 21 and 25 of the Constitution (freedom of conscience and free occupation, practice and propagation of religion). because it does not guarantee Indian Muslim women the protection against bigamy that has been statutorily insured for women in India belonging to other religions.
The trial court had also authorized the Kolkata Muslim Resistance Committee to file an indictment petition as a party to the hearing.
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