A petition in Supreme Court has been filed demanding that Sharia Courts’ decisions on marriage, divorce and such other cases be declared unconstitutional.
The petition surprisingly has been filed by a Muslim woman.
The petition will be heard by a bench comprising Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud.
The bench has asked petitioner Zikra to file an application to intervene as a party in a batch of pleas challenging the practice of polygamy and ‘nikah halala’ among Muslims.
The petition comes a year after the top court had on last year banned the age-old practice of instant ‘triple talaq’ among Sunni Muslims.
Zikra, a 21-year-old resident of Uttar Pradesh and a mother of two, was represented by lawyer Ashwini Upadhyay.
She has demanded that triple talaq be declared “cruelty” under Section 498A and ‘nikah halala, nikah mutah and nikah-misyar’ rape under Section 375 of the Indian Penal Code.
The Centre recently made it clear that it would oppose in the Supreme Court the practice of ‘nikah halala’ when the top court.>