Author:
Publication: The Indian Express
Date: May 12, 2001
The Supreme Court today issued a
notice to the center on a petition by a Muslim woman, given talaq by her
husband, seeking issuance of a direction to outlaw the practice of polygamy
in the community.
A bench of Justice K T Thomas and
Justice R P Sethi issued notices to the Union government and the husband
of the petitioner, who has also sought quashing of he talaqnama.
Arguing for the petitioner, counsel
Lily Thomas, said the Hindu community constituting the majority is 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 hand married one Fazal in 1989 at the age of 20, said.
Describing the petitioner
as a direct casualty of polygamy, the counsel submitted the petitioner
refused to stay with her husband when he married another woman in 1991.
The petitioner said once the talaqnama
was granted, her erstwhile husband moved for cancellation of grant of maintenance
to her, which was being given from 1993 at the rate of Rs. 400 per month.
The Madhya Pradesh High Court allowed the husband's application. She said
her plea before the Supreme Court for restoration of the maintenance was
pending since 1992 adding that she was living in a state of penury.
