Does Constitution allow polygamy? Supreme Court seeks govt view

A three-judge bench of the Supreme Court has agreed to examine the constitutional validity of polygamy along with the Muslim marriage practice of Nikah Halala, Nikah Misyar and Nikah Mutah.

The bench led by Chief Justice of India Dipak Misra issued notices to the Centre, the Women & Child Development Ministry and the Law Ministry, directing them to file their replies. The bench referred the matter to a Constitution Bench to adjudicate on the issue.

The top court was hearing a batch of pleas led by advocate Ashwini Kumar Upadhyay, seeking a ban on the Muslim marriage practice and questioned the validity of Section 2 in The Muslim Personal Law (Shariat) Application Act, 1937.

In August 2017, a constitution bench of the top court, by a 3:2 majority, declared talaq-e-bidat (instant triple talaq) as illegal. At the time, the bench led by then Chief Justice of India JS Khehar had isolated the issue of polygamy and nikah halala with the intent of looking into it at a later date.

Shortly, on December 28, the Lok Sabha passed Muslim Women (Protection of Rights on Marriage) Bill, 2017, that criminalises the practice of triple talaq.

FATE OF A BILL

On December 28, 2017, the Lok Sabha passed Muslim Women (Protection of Rights on Marriage) Bill, 2017, that criminalises triple talaq. The bill will now be tabled in the Rajya Sabha.