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The Delhi excessive courtroom on Monday sought the Centre’s stand on a PIL to declare that bigamy or polygamy by a Muslim husband within the absence of prior written consent of the prevailing spouse or wives and preparations for her lodging and upkeep is unconstitutional and unlawful.
IMAGE: Kindly be aware that this picture has been posted for representational functions solely. {Photograph}: Reuters
A bench of Appearing Chief Justice Vipin Sanghi and Justice Navin Chawla directed the respondents to file their response and issued discover on the petition that sought a path to the authorities to manage bigamy and polygamy by Muslim husbands by offering for prior permission of current spouse, a certificates from a judicial officer to certify that he has the capability to offer equal remedy to all wives, declaration of marital historical past earlier than nikah, and so forth.
The petitioner additionally sought the framing of legal guidelines for obligatory registration of Muslim marriages.
The petitioner Reshma, whose husband is said to be ”planning to divorce” her and solemnise one other marriage with out her consent or making preparations for her and their kid’s upkeep, claimed that bigamy or polygamy by a Muslim husband is permitted underneath Shariat legal guidelines solely in distinctive circumstances and must be regulated to curb the plight of Muslim girls.
She contended that bigamy or polygamy with out the consent of the prevailing spouse and securing her well-being is ”unconstitutional, anti-Shariat, unlawful, arbitrary, harsh, inhuman, and barbaric” and opposite to Articles 14, 15, 21, and 25 of the Structure.
”Even in nations ruled by Shariah (Islamic) legislation, the second marriage is permitted underneath particular circumstances, similar to an sickness of the primary spouse or her lack of ability to bear youngsters. In these circumstances, with the primary spouse’s consent, a person might marry once more and that is known as polygamy, a subset of polygamous marriages,” stated the petition filed by means of lawyer Bajrang Vats.
”The Holy Quran permits a Muslim man to marry a couple of lady at a time (as much as a most of 4) however doesn’t encourage such behaviour. Polygamy is simply permitted in sure circumstances, similar to when the demise of one other man has left his spouse with no different technique of help,” it added.
The petitioner has additional said that polygamy is neither necessary nor inspired however is merely permitted as part of social responsibility and for charitable motives and that the Holy Quran offers that these males who select to take a number of wives are underneath an obligation to deal with them equally.
”It’s unlucky that regressive practices derogatory to girls, who represent one half of the Indian inhabitants, are being adopted, propagated, and inspired within the title of faith. Such apply, regressive to rights of girls and which instantly come into battle with the Constitutional and Elementary Rights of residents can’t be inspired,” the petition has stated.
The matter can be heard subsequent on August 23.
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