A lawyer wrote to the Supreme Judge of India S A Bobde asking for early hearings on questions that question the practices of polygamy and “Nikah Halala” among Muslims. A bank with three judges, consisting of CJI and judges BR Gavai and Surya Kant, instructed their register on December 2, 2019 to list the matter in front of a suitable bank immediately after the winter holidays.
Attorney Ashwini Upadhyay said the issue deserves to be heard at the earliest since the issue is of public concern, gender equality, gender equality and women's dignity.
The Supreme Court had examined the plea in July 2018 and referred the matter to a constitutional bank that had already been asked to hear a number of similar petitions.
According to the petitioner, banning polygamy has long been the order of the day in the interests of public order and health.
The apex court had informed the center of the petition filed by a farjana and marked Upadhyay's plea along with a series of petitions to be heard by the constitutional bank.
The lawyer's petition also asked for an explanation that out-of-court “Talaq” cruelty under Section 498A of the IPC, “Nikah Halala” was an offense under Section 375 of the IPC and polygamy was an offense under Section 494 of the IPC. 1860.
The Apex Court on August 22, 2017 had banned the age-old practice of instant "triple talaq" among Sunni Muslims. On March 26, 2018, she decided to refer a larger bank to a number of pleas that questioned the constitutional validity of polygamy and “Nikah Halala” among Muslims.
While polygamy allows a Muslim man to have four women, "Nikah Halala" is a process in which a Muslim woman who wants to marry her husband after divorce first marries another person and then divorces the second person let the marriage complete.
The pleas were referred to a larger bank by the Supreme Court after a former constitutional bank with five judges held open the issue of polygamy and "Nikah Halala" in its 2017 ruling, while abolishing the practice of "triple talaq".
She had also issued communications to the Ministry of Justice and Justice, the Ministry of Minority Affairs and the National Commission for Women (NCW).
Some petitions have also questioned the practices of "Nikah Mutah" and "Nikah Misyar" – two types of temporary marriages where the length of the relationship is pre-determined and agreed.