The Supreme Court is hearing a batch of petitions challenging the constitutional validity of polygamy and nikah halala, prevalent among Indian Muslims. On Monday (March 26), the bench comprising of Chief Justice Dipak Misra and Justices A M Khanwilkar, D Y Chandrachud referred the matter to a constitution bench.

The Centre, in its previous submissions before the apex court has categorically stated that the practices of polygamy, nikah halala and instant triple talaq violate Muslim women’s right to equality and dignity and are not protected by the right to profess, practise and propagate religion under Article 25(1) of the Constitution.

Earlier, the apex court while hearing the case pertaining to the constitutional validity of instant triple talaq had also taken note of polygamy and nikah halala, but said that these two issues should be dealt with after the instant triple talaq verdict bypassing the contention of former Attorney General Mukul Rohatgi to adjudge all the three issues together.

As per nikah halala, a woman divorcee, has to marry someone else and consummate this marriage before getting a divorce to remarry her earlier husband.

—India Legal Bureau