March 1, 2016 8:39 PM

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SC seeks Centre's reply on plea against triple talaq, polygamy

The Supreme Court has sought the Centre's response in a plea challenging the constitutionality of Muslim practices of polygamy, triple talaq and nikah halala. A bench comprising justices A R Dave and Adarsh Kumar Goel issued notice to Ministry of Minority Affairs and tagged the matter with the similar suo moto petition heard by the Supreme Court.<br/><br/>Petitioner Shayara Bano has challenged the constitutionality of Section 2 of the Muslim Personal Law Application Act, 1937 in so far as it seeks to recognise and validate polygamy, triple talaq and nikah halala. She has also challenged the Dissolution of Muslim Marriages Act, 1939 saying that it fails to provide Indian Muslim women with protection from bigamy. Bano stated in her petition that the issue of gender discrimination against Muslim women under Muslim personal laws, specifically the lack of safeguards against arbitrary divorce and second marriage by a Muslim husband during currency of first marriage notwithstanding the guarantees of the Constitution, needs to be examined by the Supreme Court.

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