Supreme Court Of India
NEW DELHI: Supreme Court which is already examining petitions challenging the practice of talaq-e-hasan, Friday sought the Centre’s view on a new PIL seeking a ban on polygamy among Muslims and securing the rights of women, aggrieved by marriage of Muslim husbands during subsistence of first marriage, over the matrimonial home and maintenance.A bench of CJI Surya Kant and Justices Joymalya Bagchi and V Mohana issued notice to govt on a PIL by Zakia Soman after briefly hearing her counsel Shriya Mani. It tagged the petition for hearing along with other PILs raising similar challenges to provisions in Sharia or Muslim personal law.
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Soman sought a declaration that “the practice of polygamy among Muslims is unconstitutional, being violative of Articles 14, 15 and 21” and a direction to govt to take legislative steps to abolish the practice for all citizens irrespective of their religion.She also sought a direction for uniform application of Section 82 of BNS, which punishes bigamy, and for removal of exemptions to Muslims under their personal law.The apex court is already seized of nine petitions challenging talaq-e-hasan.
