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Ashwini Kumar Upadhyay v. Union of India

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Ashwini Kumar Upadhyay v. Union of India

This case deals with the constitutionality of the practices of Nikah Halala and polygamy.

Petitioners Arguments
Practices like Nikah Halala and polygamy allowed under Muslim personal law are illegal, unconstitutional, and violative of Articles 14 , 15 , 21 and 25 of the Constitution. The majority opinion of the Constitution Bench in the case of Shayara Bano v. Union of India (2017) 9 SCC 1 has not dealt with these aspects. "Extra-judicial talaq" amounts to cruelty and should be made an offence under Section 498A of the Indian Penal Code (IPC), 1860 and the practice of “nikah halala” should be considered as an offence of rape under the IPC.
Responders Arguments
The respondent's have not put forth their arguments.
Last Listed On
2022-08-30
Review Petition No
W.P.(C) No. 202/2018
Case Status
Pending
Bench Status
To be reconstituted
Subject Matter
Constitution
Pendency
8 years, 3 months, 4 days

5 Judge Bench

Awaiting bench reconstitution

Consider As Stage Of Pendency
true

Date of institution of case

Date of reference to 5 Judge Bench

Last listed on

A batch of writ petitions were filed before the Supreme Court challenging the constitutional validity of practices of Nikah Halala, Nikah Mutah, Nikah Misyar and polygamy along with the Dissolution of the Muslim Marriages Act, 1939 . On 26-03-2018, the three-judge bench of the Supreme Court referred the matter to a Constitution Bench.

Is the practice of Nikah Halala and polygamy as allowed under the Muslim Personal Law (Shariat) Application Act, 1937 unconstitutional and violative of Articles 14 , 15 and 21 of the Constitution of India?

Dissolution of Muslim Marriages Act, 1939

Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937

In the referral order, the 3-judge bench of the Supreme Court did not mention any specific reason for referring the matter to a Constitution Bench. It only said that keeping in view the importance of the issue, the matter should be placed before a Constitution Bench.

NA

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Case No
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