The Supreme Court agreed on Monday to analyze the constitutional validity regarding polygamy and ‘nikah halala’ among Muslims and also seek the perspectives the Union government and the Law Commission on the practices.
A Bench, headed by Chief Justice of India Dipak Misra accepted the submission that a five-judge Constitution Bench, in its 2017 verdict, kept open the issue of polygamy and ‘nikah halala’ while quashing triple talaq.
Read More: After the Supreme Court ban Triple Talaq still continues
On Monday, the Bench, which also comprised Justices A.M. Khanwilkar and D.Y. Chandrachud, said a fresh five-judge Constitution Bench would be set up to deal with the constitutionality of ‘nikah halala’ and polygamy.
Polygamy consents a Muslim man to marry four wives, ‘nikah halala’ deals with the process in which a Muslim woman has to marry another person and get divorced from him before being allowed to marry her divorcee husband again.
The Bench was hearing at least three petitions plus some public interest litigation (PIL) pleas challenging the practices on various platforms including that they violate Right to Equality and gender justice.
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