SC accepts constitution bench formation for issues relating polygamy, nikah-halala
24 November, 2022 | Pravina Srivastava
SC decided on Thursday to assemble a constitution bench to hear cases involving polygamy and nikah-halala, both of which are practised among Muslims.
Supreme Court decided on Thursday to assemble a constitution bench to hear cases involving polygamy and nikah-halala, both of which are practised among Muslims.
A bench led by Chief Justice of India DY Chandrachud announced the formation of a new bench to address the problems. Court order came this morning when attorney Ashwini Upadhyay cited petition to outlaw Nikah Halala and polygamy.
Advocate Upadhyay informed court that two justices, Justice Indira Banerjee and Justice Hemant Gupta, had retired and that a new bench was needed.
The case was heard by a five-judge panel consisting of Justices Indira Banerjee, Hemant Gupta, Surya Kant, MM Sundresh, and Sudhanshu Dhulia.
The court was hearing a petition to declare polygamy and nikah-halala, which are common among Muslims, unlawful and unconstitutional.
According to Muslim personal law, a divorced woman must marry someone else, consummate the marriage, and then divorce in order to marry her first husband again.
However, Polygamy is the practise of having multiple wives or husbands at the same time.