Wednesday, Oct 21, 2026
English News
  • Hyderabad
  • Telangana
  • AP News
  • India
  • World
  • Entertainment
  • Sport
  • Science and Tech
  • Business
  • Rewind
  • ...
    • NRI
    • View Point
    • cartoon
    • My Space
    • Education Today
    • Reviews
    • Property
    • Lifestyle
E-Paper
  • NRI
  • View Point
  • cartoon
  • My Space
  • Reviews
  • Education Today
  • Property
  • Lifestyle
Home | India | Sc Notice On Pleas Against Polygamy And Nikah Halala Hearing To Begin In Oct

SC notice on pleas against polygamy and nikah halala, hearing to begin in Oct

The petitions have been filed by Muslim women and advocate Ashwini Upadhyay has challenged the constitutional validity of the polygamy and nikah halala.

By IANS
Updated On - 30 August 2022, 03:34 PM
SC notice on pleas against polygamy and nikah halala, hearing to begin in Oct
whatsapp facebook twitter telegram

New Delhi: A Supreme Court Constitution bench on Tuesday issued notice on a batch of pleas for striking down practice of polygamy and nikah halala in Muslims and scheduled the hearing on petitions after the Dusshera holidays.

Nine petitions challenging these practices were listed on Tuesday for hearing before a five-judge bench comprising Justices Indira Banerjee, Hemant Gupta, Surya Kant, M.M. Sundresh and Sudhanshu Dhulia.

Also Read

  • Muslims will not outnumber Hindus
  • Muslim marriage is a contract and not sacrament unlike a Hindu marriage: Karnataka High Court

The petitions have been filed by Muslim women and advocate Ashwini Upadhyay has challenged the constitutional validity of the polygamy and nikah halala. These cases were referred to the 5-judge bench by a 3-judge bench in March 2018.

On Tuesday, the apex court issued notices to the Central government, National Commission for Women, National Commission for Minorities, Law Commission, etc., and scheduled the matter for hearing after Dussehra holidays.

Upadhyay’s plea said the injury caused to the women as practice of triple talaq, polygamy and nikah halala is violative of Articles 14, 15 and 21 of the Constitution and injurious to public order, morality, and health. The plea sought a direction to declare Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, unconstitutional and violative of Articles 14, 15 and 21 of the Constitution, insofar as it seeks to recognise polygamy and nikah-halala.

“It is well settled that Common Law has primacy over the Personal Laws. Hence, this Hon’ble Court may declare that — Triple talaq is cruelty under Section 498A of the IPC, 1860, nikah halala is rape under Section 375 of the IPC,1860, and Polygamy is an offence under Section 494 of the IPC,1860,” said Upadhyay’s plea.

In August 2017, the top court held that the Muslim practice of ‘triple talaq’ is unconstitutional and struck it down by 3:2 majority. Polygamy allows a Muslim man to have four wives, and once a Muslim woman has been divorced, her husband is not permitted to take her back even if he had pronounced talaq under the influence of any intoxicant, unless his wife undergoes nikah halala, which involves her marriage with another man, who subsequently divorces her so that her previous husband can remarry her.

In 2017 verdict, the apex court had kept open the issue of polygamy and ‘nikah halala’, while quashing the practice of ‘triple talaq’. “It is submitted that religious leaders and priests like imams, maulvis, etc. who propagate, support and authorize practices like Talaq-E-Bidat, nikah halala and Polygamy are grossly misusing their position, influence and power to subject the Muslim women to such gross practices which treats them as chattel, thereby violating their basic rights enshrined in Articles 14, 15 and 21 of the Constitution”, said Upadhyay’s plea.

 

Join Our Whatsapp Channel
  • Follow Us :
As preferred source
  • Tags
  • Muslims
  • nikah halala
  • polygamy
  • Supreme Court

Related News

  • Supreme Court stays probe against Pinarayi Vijayan in CMRL bribery case for a week

    Supreme Court stays probe against Pinarayi Vijayan in CMRL bribery case for a week

  • YSRCP hails Supreme Court directions on Andhra Pradesh local body polls

    YSRCP hails Supreme Court directions on Andhra Pradesh local body polls

  • AP civic polls: SC asks state election body to defer publication of final candidates’ list

    AP civic polls: SC asks state election body to defer publication of final candidates’ list

  • Supreme Court clarifies legal route for complaints against elected candidates

    Supreme Court clarifies legal route for complaints against elected candidates

Latest News

  • World Boxing U19: Harshika and Lakshu advance, Dhruv suffers defeat

    7 minutes ago
  • Intelligence wing head constable killed in hit-and-run accident while on duty in Bhainsa

    8 minutes ago
  • Khammam lawyer found dead at grandmother’s house

    24 minutes ago
  • Heavy traffic at Pantangi toll plaza as commuters return to cities after Dasara

    26 minutes ago
  • Six-lane Allwyn-Miyapur flyover project threatens over 350 trees in Cyberabad

    32 minutes ago
  • Asian Para Games: Haney sets personal best of 57.04m to claim discus bronze

    39 minutes ago
  • Mancherial Excise officials face allegations of collecting Dussehra mamool

    39 minutes ago
  • Indian shooters target World Championship finals as LA 2028 qualification begins

    39 minutes ago

company

  • Home
  • About Us
  • Contact Us
  • Privacy Policy

business

  • Subscribe

telangana today

  • Telangana
  • Hyderabad
  • Latest News
  • Entertainment
  • World
  • Andhra Pradesh
  • Science & Tech
  • Sport

follow us

  • Telangana Today Telangana Today
Telangana Today Telangana Today

© Copyrights 2024 TELANGANA PUBLICATIONS PVT. LTD. All rights reserved. Powered by Veegam

Telangana Today App