Supreme Court to hear prime cases this week including polygamy and Aadhaar

27 March, 2018, 18:55 | Author: Joshua Bennett
  • Supreme Court

To that goal, they have also issued a notice to the centre asking to make it clear on banning those practices for violating the constitutional provisions.The court passed the order on a batch of petitions challenging sec.2 of the Muslim Personal Law (Shariat) Application Act 1937, for recognizing and validating the practice of Nikah Halala, Nikah Mutah and Nikah Misyar and polygamy.

"We may further state, in other writ petitions, the Law Commission of India has been made a party".

The 3-judge bench comprising Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud has noted that the 5-judge bench has kept open the issues of polygamy and "nikah halala" while abolishing triple talaq. However, if the marriage is dissolved for the third time, it will only be "halal" for both to remarry after the wife first marries another man, consummates the marriage and if the other man willingly divorces her or dies.

"At this juncture, a submission has been advanced at the Bar that keeping in view the importance of the issue, the matter should be placed before the Constitution Bench".

In a historic ruling in August previous year, the five-member bench of the apex court, by a majority of 3:2, had held instant triple talaq as unconstitutional. Polygamy is the practice of being married to more than one woman.


The Bench was hearing at least three petitions including some public interest litigation (PIL) pleas challenging the practices on various grounds including that they violate Right to Equality and gender justice. The Muslim Personal Law Board had declared such practices as "undesirable" in the triple talaq case in its affidavit. The Court directed the petitioner to serve a copy on the Centre for seeking their response.

The apex court, however, issued notice on the plea filed by Delhi-based woman Nafisa Khan.

These practices are coming under the radar because they are biased towards the man. Nikah Mutah or Nikah Misyar in actual terms is, in fact, a "pleasure marriage" which might be a verbal and temporary contract.

Another petition, a Delhi-based woman pointed that by virtue of the Muslim Personal Law, section 494 of IPC (marrying again during lifetime of husband or wife) was rendered inapplicable to Muslims and no married woman from the community has the avenue to file a complaint against her husband for the offence of bigamy.

Mr Upadhyaya submitted that a ban on polygamy and nikah-halala has been the need of the hour to secure the basic rights of women. A complete ban on these practices is needed immediately as these practices make Muslim women insecure, vulnerable and violate their fundamental rights. My husband getting infuriated with this sent a letter giving me "triple talaq".

Recommended:

  • Tiangong-1 space station continues its uncontrolled descent towards Earth

    Tiangong-1 space station continues its uncontrolled descent towards Earth

    The ASI is one of 13 global space agencies monitoring the satellite as it approaches earth for an uncontrolled crash landing. China had planned a controlled re-entry of Tiangong-1 into Earth's atmosphere.
    Brooklyn students rally against gun violence in their communities

    Brooklyn students rally against gun violence in their communities

    Kei Kawashima-Ginsberg, director of the Center for Information and Research on Civic Learning and Engagement at Jonathan M. Survivors of the shooting have launched a vocal campaign for the USA government to pass gun-safety legislation.
    Dropbox Shares Surge in Nasdaq Trading Debut

    Dropbox Shares Surge in Nasdaq Trading Debut

    The company was hacked in 2012, and more than 68 million users' emails and passwords were leaked on the internet four years later. However, with a growing family of 500 million subscribers in 180 countries, only 2% (11 million) are using paid services.
  • Trump congratulates Putin on election win; briefing materials published in press

    Trump congratulates Putin on election win; briefing materials published in press

    The Senate Judiciary chairman said he wouldn't comment specifically about the call, but told CNN . Many others, including German Chancellor Angela Merkel, sent congratulatory telegrams.
    UK Assessing Evidence After Cambridge Analytica Search

    UK Assessing Evidence After Cambridge Analytica Search

    The ministry has threatened to take legal action against companies and individuals engaging in any unauthorised use of such data. Law-enforcement officers raided Cambridge Analytica's headquarters in London , The Guardian reported late Friday.
    Five forces' personnel, five militants killed in ongoing Kupwara gunfight

    Five forces' personnel, five militants killed in ongoing Kupwara gunfight

    Apart from the five militants, the fierce gun-battle which ended also claimed the lives of three Army men and two policemen. However, Senior Superintendent of Kupwara Police Shamsher Hussian had said that no bodies had been found yet.
  • Uber ordered to take its self-driving cars off the road

    Uber ordered to take its self-driving cars off the road

    Scarpinato said Monday that Ducey considers self-driving vehicles a way to improve public safety and limit road fatalities. Uber , which had already suspended operations on its own, said it would "keep a dialogue open" with Arizona.
    Kenyans celebrate Palm Sunday ahead of Easter holidays

    Kenyans celebrate Palm Sunday ahead of Easter holidays

    Pillar Bible Fellowship, 2415 Eastside Road - the old Pine Grove Methodist Church site - will hold Easter services at 9:45 a.m. on Sunday, April 1.
    MS  agriculture official named to Senate

    MS agriculture official named to Senate

    It was a scenario that played out in last year's Alabama Senate special election, when the president got behind appointed Sen. He complimented Hyde-Smith's "toughness" and said he is confident in her conservatism and has "never seen her waver".
  • Clint Bowyer ends 190-race drought

    Clint Bowyer ends 190-race drought

    Asked it's better to get beat and be close or get beat badly with no chance, Busch said he preferred the latter. The snow has been cleared from Martinsville Speedway and NASCAR's postponed Cup Series race is about to begin.
    Car-bomb explodes near Somalia's parliament

    Car-bomb explodes near Somalia's parliament

    On Wednesday, at least 26 people were killed and 18 others wounded in a suicide blast in Afghanistan's capital city Kabul. At least one person was killed in the explosion, which left a huge cloud of smoke over the area, according to witnesses.
    Palestinian Teen Activist Ahed Tamimi Sentenced to 8 Months in Prison

    Palestinian Teen Activist Ahed Tamimi Sentenced to 8 Months in Prison

    The case has drawn attention to Israel's military court system, which is used to try Palestinians in the West Bank. "The treatment of Palestinian children in Israeli military detention remains a human rights priority for the UK".


Popular

Johnson likens Russian World Cup to Hitler's use of Olympics
Russian Deputy Prime Minister Arkady Dvorkovich yesterday weighed in with his comments against the British establishment. Mr Johnson added: "I think it is an emetic prospect frankly to think of Putin glorying in this sporting event".

Trump signs spending bill he threatened to veto, citing "national security"
He also took a shot at Democrats in that tweet , saying "had to waste money on Dem giveaways", but didn't mention DACA . The White House also issued a formal statement of administration policy indicating Trump would sign the bill .

French strikes to test Macron's resolve
Laurent Berger, head of France's largest union, CFDT, said workers are not in accord with the plans and are up for the challenge. Students and workers have poured into the streets of France to protest proposals to reform public sector jobs.

US Congress Plans to Approve $1 Bln Arms Sale to Saudi Arabia
According to Reuters, the sale - which became public as Saudi Arabia's Crown Prince Mohammed bin Salman (MBS) met with U.S. To save the lives of innocent women and children in Yemen, let's hope Congress says no more sales to Saudi Arabia.

Dutch police detain 90 England supporters for violence
Riot cops then swooped in Amsterdam's famous Red Light District and made 60 arrests after they "imprisoned" fans on a canal bridge.

Turkish leader vows wider offensive against Kurdish militia
After liberating the town center on Sunday, the Turkish army started taking measures to oversee security and order in Afrin.

Myanmar president steps down
Suu Kyi is constitutionally barred from being president because she is the parent of children born outside of Myanmar. Since late 2016, more than 750,000 have fled across the border to Bangladesh amid the military crackdown.

Dec to present Saturday Night Takeaway by himself
McPartlin was in rehab past year after struggling with an addiction to painkillers following a 2015 knee operation. He added: " Ant would have to say, I've [let] him to do that, say break the pact [and go ahead without me]".

Stokes on track to be able to bowl in first Test
Black Caps' Twitter account dished out a humble invite to former United States President Barack Obama to attend the opening Test that begins on Thursday at Eden Park.

Naomi Osaka sweeps aside idol Serena Williams in Miami Open
It set up a rare early encounter between one of the great players of all time and one of the hottest current players. "I don't know if anybody knows this but Serena is my favorite player", Osaka said after the match .