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Lawyer Ashwini Upadhyay has filed a PIL seeking declaration of polygamy and 'nikah halala' as unconstitutional and illegal.

Supreme Court on 'nikah halala', polygamy plea: new 5-judge bench to hear PIL on Muslim practices 

Lawyer Ashwini Upadhyay has filed a PIL seeking declaration of polygamy and 'nikah halala' as unconstitutional and illegal.

The Supreme Court on 20 January 2023 said that it will set up a new 5-judge bench to hear petitions against Muslim practices of polygamy and 'nikah halala'.
The court took note of submissions by one of the petitioners that two judges of the previous bench - Justice Indira Banerjee and Justice Hemant Gupta - had retired, and so a new constitution bench was needed.
Lawyer Ashwini Upadhyay has filed a PIL seeking declaration of polygamy and 'nikah halala' as unconstitutional and illegal.
While polygamy allows a Muslim man to have four wives, 'nikah halala' deals with the process in which a Muslim woman, who wants to re-marry her husband after divorce, has to first marry another person and get a divorce from him after the consummation.
The apex court had in July 2018 considered the plea and referred the matter to a Constitution bench already tasked with hearing a batch of similar petitions.
(With PTI inputs)
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In what could turn out to be one of the most keenly-watched cases, the Supreme Court reportedly began hearing a clutch of petitions regarding Muslim religious practices like nikah halala and polygamy on 30 August 2022.
The top court sought responses from the National Human Rights Commission (NHRC), National Commission for Women (NCW) and National Commission for Minorities (NCM) before the next hearing in September. The court also issued a notice to the Union government over a petition questioning the constitutional validity of polygamy.
The petition claims that the practice of polygamy allowed under Muslim Personal Law (Shariat) Application Act, 1937 runs contrary to Section 494 of the Indian Penal Code.
The practices of nikah halala, nikah mutah, and nikah misyar have also been questioned before the top court. These practices reportedly pertain to temporary marriage contracts, as well as foregoing of many marital rights like right to housing.

Supreme Court begins hearing petitions against Muslim practices of polygamy, nikah halala, others

The petition claims that the practice of polygamy allowed under Muslim Personal Law (Shariat) Application Act, 1937 runs contrary to Section 494 of the Indian Penal Code.

In what could turn out to be one of the most keenly-watched cases, the Supreme Court reportedly began hearing a clutch of petitions regarding Muslim religious practices like nikah halala and polygamy on 30 August 2022.
The top court sought responses from the National Human Rights Commission (NHRC), National Commission for Women (NCW) and National Commission for Minorities (NCM) before the next hearing in September. The court also issued a notice to the Union government over a petition questioning the constitutional validity of polygamy.
The petition claims that the practice of polygamy allowed under Muslim Personal Law (Shariat) Application Act, 1937 runs contrary to Section 494 of the Indian Penal Code.
The practices of nikah halala, nikah mutah, and nikah misyar have also been questioned before the top court. These practices reportedly pertain to temporary marriage contracts, as well as foregoing of many marital rights like right to housing.
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