SC issues notice on PILs challenging polygamy, nikah halala

The Supreme Court on Monday issued notice on petitions challenging practice of polygamy and nikah halala among Muslims. A constitution bench will hear the petitions said the apex court, while issuing notice to the central government and Law Commission. The bench was hearing at least three petitions including some PILs challenging the practices on various grounds including that they violate Right to Equality and gender justice.

A bench headed by Chief Justice Dipak Misra considered the submission that the previous five-judge constitution bench, in its August 22, 2017 verdict, had kept open the issue of polygamy and 'nikah halala' while declaring triple talaq unconstitutional by a 3:2 majority.

Today’s bench, which also comprised Justices AM Khanwilkar and DY Chandrachud, said a fresh five-judge constitution bench would be set up to deal with the constitutionality of 'nikah halala' and polygamy.

While polygamy allows a Muslim man to have four wives, 'nikah halala' deals with the process in which a Muslim woman has to marry another person and get divorced from him before being allowed to marry her divorcee husband again.

Inputs by NH Web Desk