Govt Set to Oppose Nikah Halala and Polygamy in Supreme Court, Stick to Triple Talaq-Like Stand

New Delhi: The government is all set to oppose the practices of Nikah Halala and polygamy in the Supreme Court and is likely to adopt a stand similar to the one taken during the triple talaq proceedings, highly placed sources in the Ministry of Law and Justice told News18.“Nothing is likely to change. The issues of Halala and polygamy were not looked into by the Supreme Court during the triple talaq case, but our reply was ready. The same would be maintained for this case too,” said a source. Then Chief Justice of India JS Khehar, while hearing the triple talaq case in May 2016, had categorically stated on the first day that the court would only hear arguments on triple talaq and not on Halala and polygamy.
In March this year, a three-judge bench of the Supreme Court comprising CJI Dipak Misra and Justices AM Khanwilkar and Chandrachud was hearing a batch of petitions challenging the practices of polygamy and Nikah Halala.
The petitions were filed by BJP leader Aswini Updahyay, Sameera Begum, Nafeesa Begum and Moullim Mohsin Bin Hussain Bin Abdad Al Kathiri.
In his petition, Upadhyay prayed that Section 2 of the Muslim Personal Law (Shariat) Application Act be declared unconstitutional and violative of Articles 14, 15 and 21 of the Constitution, “in so far as it seeks to recognise and validate the practice of polygamy and Nikah Halala”.
Upadhyay has sought a declaration that provisions of the Indian Penal Code are applicable on all Indian citizens and triple talaq is a “cruelty” under Section 498A of the IPC.