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The Supreme Court today agreed to consider the list of petitions challenging the practices of polygamy and "nikah halala" among Muslims.
A bench consisting of Chief Justice Dipak Misra and judges AM Khanwilkar and DY Chandrachud lead counsel V Shekhar that petitions be enumerated before a five-judge Constitutional Bench for final arbitration.
"We will examine this," the bench said.
Shekhar and lawyer Ashwini Upadhyay, appearing for one of Delhi The petitioner Sameena Begum, who claims to have been threatened, asked to withdraw her petition challenging the "nikah halala" and polygamy among Muslims.
Attorney General Tushar Mehta, appearing for the Center, filed a complaint. response to the petition on the issue.
Nikah-halala is a practice aimed at reducing the incidence of divorce under which a man can not remarry with his ex-wife without it having to The process of marrying somebody else, consume it, divorce and observe a period of separation called 'iddat'. before coming back to him.
The petition, filed by the Delhi-based woman, said that under Muslim law The Persons Act and Article 494 of the Indian Penal Code (marrying again for life husband or wife) are inapplicable to Muslims and no married woman in the community has the right to sue her husband for the crime of bigamy.
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