New Delhi: New Delhi: The Supreme Court on Thursday said it will form a Constitution Bench to conduct proceedings on pleas against Nikah-Halala and polygamy, practiced among Muslims. A bench headed by Chief Justice of India DY Chandrachud said, "At an appropriate time I will constitute a Constitution Bench and have it decided."
The bench said this after advocate Ashwini Upadhyay mentioned the matter for an early hearing. The five-judge bench of Justices Indira Banerjee, Hemant Gupta, Surya Kant, MM Sundresh, and Sudhanshu Dhulia was hearing the matter. However, Justices Indira Banerjee and Hemant Gupta have retired and a new bench has to be formed.
The court was dealing with a petition seeking the declaration of 'nikah halala' and polygamy, practiced among Muslims, as illegal and unconstitutional.
The practice of 'nikah halala' requires a divorced woman to marry someone else, consummate the marriage and then get a divorce in order to again marry her first husband under Muslim personal law. On the other hand, polygamy is the practice of having more than one wife or husband at the same time.
The petitioners have demanded a ban on 'nikah halala' and polygamy saying it renders Muslim wives extremely insecure, and vulnerable and infringes on their fundamental rights. (with Agency inputs)
