November 28, 2022

politics of law

Politics and Law

PIL seeks law to regulate bigamy, polygamy among Muslims, Delhi HC seeks Centre’s stand

2 min read

The Delhi Higher Court docket on Monday sought the Centre’s response on a petition trying to find a ruling for declaring a Muslim husband’s act of bigamy or polygamy unconstitutional in absence of a penned consent from his current spouse.

The petition seeks framing of a law by the Centre for regulating bigamy or polygamy between Muslims. The division bench of acting Chief Justice Vipin Sanghi and Justice Navin Chawla questioned the authorities to file a reaction inside of six weeks and outlined the situation for more listening to on August 23.

The petition has been filed by a Delhi-dependent lady, Reshma, by way of advocate Bajrang Vats. According to the plea, she along with her minimal son has been deserted by her husband. The petitioner’s other plea for seeking to declare talaq al-sunnah, a form of divorce in Islamic jurisprudence, as unconstitutional and discriminatory, is also pending prior to the courtroom.

“Bigamy or polygamy contracted by a Muslim husband with no obtaining prior prepared consent of his wife (wives) and with no earning prior arrangements of accommodation, maintenance of his spouse (wives) is unconstitutional, anti-shariat, illegal, arbitrary, severe, inhuman and barbaric and this observe requirements to be controlled by regulation to control the plight of Muslim gals,” argues Reshma’s refreshing petition before the court docket.

The petition also seeks a declaration that the bigamy or polygamy by a Muslim spouse is permitted less than shariat legislation only in exceptional circumstances. It also seeks a regulation for creating it mandatory for a Muslim spouse to search for prior authorization of a judicial officer “in the kind of a certification that the Muslim spouse desirous to deal bigamy/polygamy is acquiring potential to provide equivalent treatment method to all wives”.

In the meantime, the court on Monday granted the Centre additional time to react to Reshma’s petition against talaq al-sunnah — which requires pronouncement of ‘talaq’ by the spouse but is revocable in mother nature, as it involves the attribute of a specific waiting interval just before it can be deemed ultimate.

The courtroom on Monday also issued see on a Muslim woman’s application for impleadment in Reshma’s case versus talaq al-sunnah. Advocate Shahrukh Alam, symbolizing the applicant, submitted that sought after reliefs travel a great deal further than the info of Reshma’s situation.

“It would have an impression on the mother nature of Muslim marriages and divorce by itself and there are certain presumptions that are faulty. I would like an opportunity to help,” submitted Alam.

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