Govt set to oppose Nikah Halala and polygamy in Supreme Court


New Delhi: After moving to criminalise instant triple talaq, the government is all set to oppose the practices of Nikah Halala and polygamy in the Supreme Court.

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.

Nikah halala is a controversial practice which forbids a divorced couple from remarrying until the woman marries someone else, consummates her new marriage and gets divorced or widowed.

While defended by the clergy, the practice has been slammed by women’s activists who have called it retrograde and anti-women and have petitioned the SC to get it banned.

Sources said the Centre would extend its support to petitioners when the matter comes up next in the SC, which earlier this year agreed to hear the petitions.

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