<p>The Supreme Court on Thursday agreed to constitute a fresh five-judge bench to hear a batch of petitions questioning the validity of polygamy and 'nikah halala' practised by a section of Muslims.</p>.<p>Advocate Ashwini Kumar Upadhyay, who has filed the PIL in the matter, mentioned the matter before a bench presided over by Chief Justice D Y Chandrachud.</p>.<p>"We will form a bench," said the CJI as Upadhyay submitted out of the five judges, who heard the matter, two judges Justices Indira Banerjee and Hemant Gupta have retired.</p>.<p>The Supreme Court's Constitution bench had on August 30 issued notice to the Centre and others in the matter.</p>.<p>Separate petitions filed by a group of Muslim women and Upadhyay challenged the constitutional validity of polygamy and 'nikah halala'. </p>.<p>These cases were referred to the five-judge bench by a three-judge bench in March 2018.</p>.<p>Apart from the Union government, the court had sought a response from the National Commission for Women, National Commission for Minorities, Law Commission etc in the matter.</p>.<p>Upadhyay’s plea said that the injury caused to the women by the practice of 'triple talaq', polygamy, and 'nikah-halala' is violative of Articles 14, 15 and 21 of the Constitution and injurious to public order, morality, and health. </p>.<p>The plea sought a direction to declare Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, unconstitutional and violative of Articles 14, 15 and 21 of the Constitution, insofar as it seeks to recognise polygamy and 'nikah-halala'.</p>.<p>In August 2017, the top court held that the Muslim practice of 'triple talaq' is unconstitutional and struck it down by a 3:2 majority judgement. </p>.<p>In the 2017 verdict, while quashing the practice of 'triple talaq', the court kept open the issue of polygamy and 'nikah halala'.</p>.<p>The petitioners said once a Muslim woman is divorced, her husband is not permitted to take her back even if he had pronounced talaq under influence of any intoxicant unless his wife undergoes nikah-halala, which involves her marriage with another man, who subsequently divorces her so that her previous husband can re-marry her.</p>.<p>Polygamy, on the other hand, allows a Muslim man to have four wives.</p>
<p>The Supreme Court on Thursday agreed to constitute a fresh five-judge bench to hear a batch of petitions questioning the validity of polygamy and 'nikah halala' practised by a section of Muslims.</p>.<p>Advocate Ashwini Kumar Upadhyay, who has filed the PIL in the matter, mentioned the matter before a bench presided over by Chief Justice D Y Chandrachud.</p>.<p>"We will form a bench," said the CJI as Upadhyay submitted out of the five judges, who heard the matter, two judges Justices Indira Banerjee and Hemant Gupta have retired.</p>.<p>The Supreme Court's Constitution bench had on August 30 issued notice to the Centre and others in the matter.</p>.<p>Separate petitions filed by a group of Muslim women and Upadhyay challenged the constitutional validity of polygamy and 'nikah halala'. </p>.<p>These cases were referred to the five-judge bench by a three-judge bench in March 2018.</p>.<p>Apart from the Union government, the court had sought a response from the National Commission for Women, National Commission for Minorities, Law Commission etc in the matter.</p>.<p>Upadhyay’s plea said that the injury caused to the women by the practice of 'triple talaq', polygamy, and 'nikah-halala' is violative of Articles 14, 15 and 21 of the Constitution and injurious to public order, morality, and health. </p>.<p>The plea sought a direction to declare Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, unconstitutional and violative of Articles 14, 15 and 21 of the Constitution, insofar as it seeks to recognise polygamy and 'nikah-halala'.</p>.<p>In August 2017, the top court held that the Muslim practice of 'triple talaq' is unconstitutional and struck it down by a 3:2 majority judgement. </p>.<p>In the 2017 verdict, while quashing the practice of 'triple talaq', the court kept open the issue of polygamy and 'nikah halala'.</p>.<p>The petitioners said once a Muslim woman is divorced, her husband is not permitted to take her back even if he had pronounced talaq under influence of any intoxicant unless his wife undergoes nikah-halala, which involves her marriage with another man, who subsequently divorces her so that her previous husband can re-marry her.</p>.<p>Polygamy, on the other hand, allows a Muslim man to have four wives.</p>
