Author: PTI
Publication: India.com
Date: July 27, 2001
The Supreme Court (SC) has issued
notice to the Solicitor General of India (SGI) on a petition filed by a
divorced Muslim woman seeking ban on polygamy prevalent in the community
and divorce by way of triple talaq.
Terming the issue raised by the
petition as of "great importance", a Bench comprising Justice K.T. Thomas
and Justice S.N. Variava directed petitioner's counsel Lily Thomas to serve
the notice on Solicitor General Harish Salve.
The Court had earlier issued notices
to the Union Government and husband of the petitioner, Julekhabi, who has
also sought quashing of her talaqnama.
The petitioner had contended that
the Hindu community constituting the majority was governed by the Hindu
Marriage Act, 1955 which prohibits polygamy and extra-judicial divorce.
"Therefore the custom and usage
of polygamy and extra-judicial divorce allowed to be practiced by Muslims
is a denial of equality, personal liberty and human rights guaranteed to
all citizens by Articles 14, 15 and 21 of the Constitution," the petitioner,
who had married one Fazal in 1989 at the age of 20, said.
Describing herself as a direct casualty
of polygamy, Julekhabi submitted that she refused to stay with her husband
when he married another woman in 1991.
The petitioner said once the talaqnama
was granted, Fazal moved for cancellation of grant of maintenance being
given to her from 1993 at the rate of Rs 400 per month. The Madhya Pradesh
High Court allowed the husband's application. Pointing out that her appeal
against the High Court order for restoration of maintenance was pending
before the Apex Court since 1999, Julekha contended that she was, at present,
living in a state of penury.
Drawing the court's attention to
the new development of telegraphic talaq as published in a newspaper, the
petitioner said it would put lives of several Muslim women in jeopardy.
Among other things the petitioner
has sought issuance of a writ under Article 32 of the Constitution "declaring
that polygamy practised by Muslim Community is illegal, unconstitutional
and void to be simultaneously substituted by monogamy."
Seeking equality with the Muslim
men, the petitioner requested the Court to declare that "dissolution of
marriage under Muslim Marriage Act, 1939 can be invoked equally by either
spouse."
It also requested the court to strike
down provisions relating to "talaq, ila, zihar, lian, khula, etc," which
allowed extra-judicial divorce in the Muslim law.
