Taking a revolutionary turn, Supreme Court agrees to take petitions citing ‘Nikah Halala’ and ‘Polygamy’

New Delhi, July 2: Intending to consider the pleas citing ‘nikah halala’ and ‘polygamy’ the Supreme Court has decided to hear the pleas on the urgent listing. The Supreme Court agreed to consider urgent pleas challenging the practice of polygamy and Nikah Halala among Muslims.

Back in the month of March, after initializing and debating over Triple Talaq which is termed as an evil practice and a non-bailable offense, Ashwini Upadhyay, an advocate and BJP Spokesperson in New Delhi had filed a PIL (Public Interest Litigation) in Supreme Court to ban Polygamy and Halala practiced by the Muslim community.

A three-judge bench headed by Chief Justice Dipak Misra considered the submissions of senior advocate V Shekhar that the petitions be listed before a five-judge constitution bench for final adjudication. Advocate Ashwini Upadhyay and Lawyer Shekhar slated forward one of the Delhi-based petitioners Sameena Begum, alleging that she was threatened and asked to withdraw her petition challenging 'nikah halala' and polygamy among Muslims.

Sameena Begum has been tortured and harassed by her husband and has filed a petition against Halala, Polygamy & Mutah at Supreme Court. She is facing death, rape threats & has to leave her home.

Asserting to accept the request sent to the Supreme Court, Ashwini Upadhyay stated that apex court accepted our request & agreed to hear the PILs seeking the ban on Polygamy, Nikah-Halala, Nikah-Mutah, Nikah-Misyar & Sharia Courts.

 

Accepting to take an urgent call on the plea, the CJI has accepted to take it into consideration. The petition, filed by the Delhi-based woman, has said that by the benefit of the Muslim Personal Law and Section 494 of the IPC (marrying again during lifetime of husband or wife) was condensed inapt to Muslims and no married woman from the community has the avenue of filing a complaint against her husband for the offence of polygamy.

 

What is Polygamy?

Polygamy is basically related to a man who marries more than one woman. Among the Muslims, it is seen that under their Muslim Personal Law, this is common and the men are allowed to do so. Muslim men are allowed to practice polygyny, that is, they can have more than one wife at the same time, up to a total of four.

What is Nikah Halala?

Nikah Halala is basically when a Muslim woman is divorced by her husband and her husband wants to remarry her, then, the woman has to marry someone else and get divorced by her second husband. In that case, there is no blame on either of them if they re-unite, provided they can keep the limits intended.

In this regard, another drive to secure the plights of women and a national interest issue is due to rage out. After the intensifying debate over Triple Talaq which has been passed by the Lok Sabha but detained in the Upper House, this new plea to the SC seems like a silence before the ultimate storm. Hopefully, the Supreme Court takes a decision that pertains to women and helps them get out of the vicious circle of men’s world.