SC Constitution bench to examine the validity of polygamy, nikah halala
The Supreme Court on Monday said that a Constitution Bench, comprising five senior-most judges, will examine the validity of the practices of Nikah Halala and polygamy among Muslims.
The apex court also issued notice in a batch of petitions challenging the Islamic practices of Polygamy, Nikah Halala, Nikah Mutah and Nikah Misyar.
The Bench comprising CJI Dipak Misra was hearing a batch of petition challenging the practices of Polygamy and Nikah Halala.
Earlier on March 5, a Public Interest Litigation (PIL) was filed in the apex court demanding to declare Nikah Halala and polygamy as 'unconstitutional'.
The petitioner also urged the top court to declare 'Nikah Halala' as rape under section 375 of the Indian Penal Code (IPC) and declare polygamy an offence under Section of 494 of the IPC and also triple talaq, an offence under Section 498 of the IPC.
"I have also requested the SC to declare Nikah Halala as rape under Section 375 of the IPC, polygamy an offence under Section 494 of the IPC and triple talaq an offence under Section 498 of the IPC," Upadhyay had said.
While Polygamy is the practice of having more than one wife or husband at the same time.The practice of 'Nikah Halala' requires the divorced woman to marry someone else, consummate the marriage and then get a divorce in order to again marry her first husband under the Muslim personal law.
By a majority of 3:2, a five-judge constitution bench had earlier held triple talaq as unconstitutional in its judgement delivered last year.