SC to hear plea challenging polygamy, Nikah Halala after winter

New Delhi: The Supreme Court on Monday said that it will hear a petition challenging the Islamic practice of polygamy and Nikah Halala after the winter vacation.

Lawyer and BJP leader Ashwini Kumar Upadhyay mentioned the matter for urgent hearing before a three-judge bench headed by Chief Justice of India Sharad Arvind Bobde.

The top court, however, denied an urgent hearing to the matter.

“We will list it after vacation,” the bench, also comprising Justices Surya Kant and B R Gavai, said.

While polygamy allows a Muslim man to have more than one wife, ‘Nikah Halala’ is a practice in which a woman, after being divorced by Triple Talaq, marries another man and gets divorced again in order to be able to remarry her former husband.

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The Muslim Women (Protection of Rights on Marriage), Bill, which received Presidential assent earlier this year, however, criminalizes instant talaq and provides for a jail term of three years for the husband.

The top court takes two long vacations each year — the summer and winter break. While the summer vacations are one and a half month-long, winter vacation lasts for a fortnight.

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