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PTI | New Delhi | Mar 28, 2016:: The Supreme Court on Monday asked the Centre to file before it the report of a committee which was constituted earlier to look into the aspects of personal laws relating to marriage, divorce and custody prevalent in various religious minorities, including Muslims.
A bench comprising Chief justice T S Thakur and Justice U U Lalit asked additional solicitor general Tushar Mehta, appearing for the Centre, to submit the report within six weeks in the court.
The bench also asked the ministry of minority affairs to file its response to the petition filed by one Shayara Bano challenging the constitutionality of Muslim practices of polygamy, triple talaq (talaq-e-bidat) and nikah halala.
Talaq-e-bidat is a Muslim man divorcing his wife by pronouncing more than one talaq in a single tuhr (the period between two menstruations), or in a tuhr after coitus, or pronouncing an irrevocable instantaneous divorce at one go (unilateral triple-talaq).
Meanwhile, the bench directed the apex court registry to make available within six weeks the copy of judicial records of a petition on the issue which was taken note of as a separate petition by it.
The Supreme Court had earlier this month sought response of the Centre on Bano’s plea challenging constitutionality of Section 2 of the C in so far as it seeks to recognise and validate polygamy, triple talaq and nikah halala, and had tagged the matter with a similar suo motu petition.
Bano has said she was subjected to cruelty and dowry demands from her husband and in-laws and was administered drugs that “that caused her memory to fade, kept her unconscious” and made her “critically ill” at which point her husband divorced her by triple talaq.
The petitioner has also challenged the Dissolution of Muslim Marriages Act, 1939, saying that it fails to provide Indian Muslim women with protection from bigamy.
“Muslim women have their hands tied while the guillotine of divorce dangles, perpetually ready to drop at the whims of their husbands who enjoy undisputed power. Such discrimination and inequality hoarsely expressed in the form of unilateral triple-talaq is abominable when seen in light of progressive times of the 21st century.
“Further, once a woman has been divorced, her husband is not permitted take her back as his wife even if he had pronounced talaq under influence of any intoxicant, unless the woman undergoes nikah halala which involves her marriage with another man who subsequently divorces her so that her previous husband can re-marry her,” her plea has said.
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Rightly said
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Those who live in HINDUSTAN, AS HINDUSTANI CITIZENS, MUST RESPECT AND OBEY THE LAW OF THE LAND. NO IFS AND BUTS. THERE CAN NOT BE SEPARATE LAW FOR INDIVIDUALS, EVEN IN ANY CIVILIZED COUNTRY. Those who do not respect the laws of HINDUSTAN, as they are, should leave Bharat, and go to country of their choice. Bharat Mata ki Jai. Tr.
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There cannot be multiplicity of laws for different religions residing in India. THERE IS NEED FOR ONE SINGLE LAW FOR THE WHOLE NATION FOR THE WHOLE COUNTRY. ..THERE CANNOT BE ANY DEVIATION ON THIS COUNT.===ONE LAW FOR THE WHOLE COUNTRY==THE SOONER UNIFORM CIVIL CODE IS IMPLEMENTED, THE BETTER IT WOULD BE FOR THE GOOD OF THE WHOLE COUNTRY.==
DR.R.V.REDDY B,S(MIT,USA), MS & PhD( EMORY UNIV., USE),MBA
CONSUILTANT TO UN ORGANISATIONS.
WASHNGTON D.C
( PRESENTLY STATIONED AY SECUNDERABAD, INDIA. .
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