Govt. wish a Judicial relook at polygamy among Muslims on grounds like gender equality and secularism.
Supreme Court has expounded that it would decide the issues pertaining to the “legal” aspects of the practices of triple talaq, ‘nikah halala’ and polygamy among the Muslims.
It clarified that it would not deal with question whether divorce under Muslim law needs to be supervised by the courts as it falls under legislative domain.
Apex Court Bench comprising of Chief Justice J S Khehar and Justice N V Ramana and Justice D Y Chandrachud enunciated that,“You (lawyers for parties) sit together and finalise issues to be deliberated upon by us. We are listing it day after tomorrow for deciding the issues”.
SC stated that said that question whether Divorce under the Muslim Personal Law needs to be supervised by either courts or by a court-supervised institutional arbitration falls under legislative domain.
Centre had earlier opposed practice of triple talaq, ‘nikah halala’ and polygamy among the Muslims and favoured a relook on the grounds like gender equality and secularism.
Responding to batch of petitions including the one which has been filed by Shayaro Bano challenging validity of such practices among the Muslims, Centre first dealt with the right of gender equality under Constitution.
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