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SC Directs to Form Constitution Bench to Hear Plea Seeking Declaration of Polygamy & Nikah Halala as Illegal

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Supreme Court Law Insider

Sakina Tashrifwala

Published on:26 November 2022 at 17:22 IST

The Supreme Court decided to create a constitution bench to hear cases involving Muslim practises like polygamy and nikah-halala.

A bench led by Chief Justice of India DY Chandrachud announced that a new bench will be formed to address the problems.

The court’s order was delivered when counsel Advocate Ashwini Upadhyay brought up the argument seeking to outlaw polygamy and nikah halala.

Two judges—Justices Indira Banerjee and Hemant Gupta—have retired, and a new bench needs to be constituted, according to attorney Upadhyay.

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

A petition asking for the declaration of polygamy and nikah-halala, practises among Muslims, as illegal and unconstitutional, was before the court.

According to Muslim personal law, the custom of nikah-halala requires a divorced woman to remarry her first husband after getting married to someone else, consummating the marriage, and then getting divorced.

Contrarily, polygamy is the practise of having multiple husbands or wives at the same time.