Representational image (Credit: AP)
Representational image (Credit: AP)

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PIL Seeks To Declare Nikah Halala, Polygamy As 'unconstitutional'

Written By Asian News International | Mumbai | Published:

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  • A PIL was filed in the Supreme Court on March 5 demanding to declare Nikakh Halala and polygamy as unconstitutional
  • The PIL was filed by lawyer Ashwini Upadhyay

A Public Interest Litigation (PIL) was filed on March 5 in the Supreme Court demanding to declare Nikah Halala and polygamy as 'unconstitutional'.

The PIL, filed by lawyer Ashwini Upadhyay, has also urged the apex court to declare both the practices as violation of fundamental rights.

Read | Muslim Women Hail Triple Talaq Bill, Seek Ban On Polygamy

Talking to ANI, Upadhyay said, "I have filed a PIL to declare Section 2 of Muslim Personal Act, which recognises polygamy and Nikah Halala, as 'unconstitutional and violation of fundamental rights'."

Further, the PIL also urged the top court to declare 'Nikah Halala' as rape under section 375 of the Indian Penal Code (IPC) and declare polygamy an offense under section of 494 of the IPC and also triple talaq, an offense under section 498 of the IPC.

"I have also requested the SC to declare Nikah Halala as rape under section 375 of the IPC, polygamy an offense under section 494 of the IPC and triple talaq an offense under section 498 of the IPC," Upadhyay told ANI.

Read | Woman Files Petition Against Nikah Halala, Polygamy

The practice of 'Nikah Halala' requires the divorced woman to marry someone else, consummate the marriage and then get a divorce in order to again marry her first husband under the Muslim personal law. 

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