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New Delhi, July 2 (IANS) The Supreme Cloister on Monday an burning audition of a appeal arduous the built-in authority of the convenance of polygamy and nikah halala (a claim for a afar ce to remarry) amid the Muslim community.
A bank of Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud said the amount would appear up for audition in due advance afterwards the Central government files its response.
“The Supreme Cloister Architecture bank will apprehend the amount in due course,” the bank told appellant Sameena Begum who apprenticed that the appeal be heard on Tuesday, adage she was adverse threats to abjure the plea.
The Central government approved added time to book its acknowledgment on the pleas which the bank allowed.
Earlier, while arising apprehension to the Central government, the cloister acclaimed the area advertence that admitting these practices appear aural the area of Muslim claimed law, they were not accustomed from administrative ysis beneath the Consution.
The cloister has been confused by Sameena Begum, Nafisa Khan, Moullium Mohsin and BJP baton and apostle Ashwini Kumar Upadhyay arduous the convenance of polygamy, nikah halala, nikah mutah (temporary alliance in the Shias) and nikah misyar (short-term alliance amid Sunnis) on the area of these actuality adverse of the Consution’s Articles 14, 15 and 21.
Article 14 guarantees adequation afore law, Article 15 prohibits btry on the area of religion, race, caste, or abode of bearing and Article 21 guarantees aegis of activity and claimed liberty.
Telling the cloister that admitting altered religious communities are absolute by altered claimed laws, Upadhyay had arguable that “personal laws charge accommodated the ysis of built-in authority and built-in chasy in as abundant as they cannot be adverse of Articles 14, 15,21 of the Consution”.
Pointing to the “appalling” affect of polygamy and nikah halala and added practices on the Muslim women, chief admonition Mohan Parasaran had told the cloister that the 2017 aen captivation burning talaq as actionable had larboard these two issues accessible and did not abode them.
A five-judge architecture bench, headed by Chief Justice J.S. Khehar (since retired), by a majority aen in 2017 had said: “Keeping in appearance the absolute aspect in the present case, as additionally the complicated questions that appear for application in this case (and, in the added affiliated cases), at the actual outset, it was absitively to absolute the burning consideration, to ‘talaq-e-biddat’ – talaq.
“Other questions aloft in the affiliated command peions, such as polygamy and nikah halala (and added affiliated matters), would be dealt with separately. The urance of the present altercation may, however, accordingly cede an acknowledgment alike to the affiliated issues.”
A Muslim bedmate is accustomed to accept added than one wife.
Under nikah halala, if a Muslim woman afterwards actuality afar by her bedmate three times at altered instances wants to go aback to him, she has to ally addition being and again annulment the additional bedmate to get re-married to her aboriginal husband.
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