LI NETWORK
The Supreme Court was hearing the Central government’s response on the issue of seeking non-discriminatory grounds for alimony, divorce, and maintenance for all citizens.
Chief Justice of India S A Bobde said that considering these petitions could lead to annulling the personal laws of the country.
He said, “You want personal laws to be abolished. You are not saying it but that is what will have to be effectively done.”
CJI asked the petitioner Ashwini Kumar Upadhyay about how can the court encroach upon the personal laws.
The petitioner was represented by Advocates Meenakshi Arora and Pinky Anand.
The advocates cited the Shayara Bano judgement and how it helped to abolish the unfair practice of Triple Talaq.
Meenakshi Arora said, “If a religious practice is violating such fundamental rights, then State has to step in.”
CJI further raised the concern of opting for the practice, which will be uniformly applied across all religious communities.
He said, “Problem then is which practice will you adopt across the board? How will you decide whether to adopt Hindu, Christian or Islam.”
The bench agreed to issue notice, but with caution.
CJI said that they would issue the notice, but with “caution.”