Published On: Thu, Nov 24th, 2022

SC to form constitution bench for conducting proceedings on Muslim polygamy, nikah-halala

New Delhi: The Supreme Court agreed to form a constitutional bench to conduct proceedings on petitions related to Muslim practices like polygamy and nikah-halala.

Chief Justice of India DY Chandrachud announced the formation of a new bench to address the issues

A bench led by Chief Justice of India DY Chandrachud announced the formation of a new bench to address the issues.

The court order came this morning when advocate Ashwini Upadhyay cited the petition to prohibit Nikah Halala and polygamy.

Advocate Upadhyay informed the court that two justices, Justices Indira Banerjee and Hemant Gupta, had retired and that a new bench was needed.

The case was heard by a five-judge panel consisting of Justices Indira Banerjee, Hemant Gupta, Surya Kant, MM Sundresh, and Sudhanshu Dhulia.

The court was hearing a petition to declare polygamy and nikah-halala, which are common among Muslims, illegal and unconstitutional.

According to Muslim personal law, a divorced woman must marry someone else, consummate the marriage, and then divorce in order to marry her first spouse again. Polygamy, on the other hand, is the practice of having multiple wives or husbands at the same time.

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