Wednesday, December 7, 2022

Will form new Constitution Bench: CJI assures petitioners challenging Constitutional Validity of Nikah Halala

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The Supreme Court decided on Thursday to constitute a new Constitution Bench for hearing a bunch of petitions challenging the constitutional validity of polygamy and Nikah Halala, permitted under the Muslim personal law.

Earlier, a five-Judge Bench of Justice Indira Banerjee, Justice Hemant Gupta, Justice Surya Kant, Justice M.M. Sundresh and Justice Sudhanshu Dhulia had issued notice on these eight petitions.

Notices were issued to the National Human Rights Commission, National Commission for Women and the National Commission for Minorities.

The matter was mentioned before a Bench comprising Chief Justice of India D.Y. Chandrachud, Justice Hima Kohli and Justice J.B. Pardiwala by petitioner-in-person and Advocate Ashwini Kumar Upadhyay, praying that since Justice Indira Banerjee and Justice Hemant Gupta have retired, a new Constitution Bench be formed for hearing of the petitions.

The CJI assured the petitioners that it will form a new Bench for the same.

Earlier in March, 2018, the petitions were referred to a five-Judge Bench by a three-Judge Bench.

Muslim women Naisah Hasan, Sabnam, Farjana and Sameena Begum, along with Advocates Ashwini Upadhyay and Mohsin Kathiri had filed the pleas, challenging the constitutional validity of polygamy and Nikah Halala. Besides, one of the petitions has been filed by an organisation named Muslim Women’s Resistance Committee. Jamiat- Ulama-l-Hind has intervened in the case supporting the practices.

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