SC sought Union Government view on petition challenging Triple Talaq & Polygamy practices

Mar 2, 2016 13:13 IST

Supreme Court of India on 29 February 2016 sought the Union Government’s view on Triple Talaq and Polygamy practices in Muslim religion. The apex court issued notices to Union ministries of Law, Minority Affairs, and Women and Child development, seeking their views on the matter by 28 March 2016.

The National Commission for Women was also asked to submit its response.

The response of government was sought by a two judge bench of Justice Anil R Dave and Justice AK Goel on a plea filed by a Muslim woman Shayara Bano from Kashipur in Uttarakhand.

The petitioner who challenged her divorce in her plea also challenged the constitutionality of part of Muslim Personal Law Application Act, 1937 that seeks to validate polygamy (practices of marrying multiple women), triple talaq and nikah halala (bar against remarriage with divorced husband without an intervening marriage with another man).

She calls the provisions illegal, unconstitutional, and violative of Articles 14, 15, 21 and 25 of the Constitution. She also claims that these practices had no basis in Islam or Holy Quran.

The petitioner who was married to Rizwan of Uttar Pradesh on 11 April 2002 was divorced by her husband by uttering the word 'talaq' three times on 10 October 2015.

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