SC agrees to form constitution Bench on issues related to polygamy

By Shefali Kohli -- November 24th 2022 03:20 PM -- Updated: November 24th 2022 04:05 PM
SC agrees to form constitution bench on issues related to polygamy

New Delhi , November 24 : The Supreme Court on Thursday agreed to form a constitution bench to conduct proceedings on pleas related to polygamy and nikah-halala, practised among Muslims.

A bench headed by Chief Justice of India DY Chandrachud said that it will form a new bench to deal with the issues.

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The court direction came when advocate Ashwini Upadhyay this morning mentioned the plea seeking to ban Nikah Halala and Polygamy.

Advocate Upadhyay informed the court that two judges -Justices Indira Banerjee and Justice Hemant Gupta-- have been retired and a new bench has to be formed.

The five-judge bench of justices Indira Banerjee, Hemant Gupta, Surya Kant, MM Sundresh and Sudhanshu Dhulia were hearing the matter.

The court was dealing with a petition seeking the declaration of polygamy and nikah-halala, practised 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.

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On the other hand, polygamy is the practice of having more than one wife or husband at the same time. 


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