Three decades after the famous Shah Bano case, another issue regarding Muslim Personal Law is going to be heard by Supreme Court. If Shah Bano was concerned about her right to get maintenance from her husband, Shayara Bano is concerned about Triple Talaq Divorce and Polygamy, which according to her is illegal and unconstitutional.
Legally India reports that the Supreme Court has issued notice yesterday on a challenge to Muslim concept of Divorce by Triple Talaq. Senior advocate Amit Chadha, briefed by advocates Balaji Srinivasan and Arunava Mukherjee is appearing for Shayara Bano, who is the petitioner. Justices AK Goel and Anil R Dave asked the Union Government, Law Ministry, Minority Affairs Ministry, the National Commission for Woman and Bano’s husband to file a reply.
Late last year, Supreme Court had ordered registration of a PIL to consider gender discrimination suffered by Muslim women owing to “arbitrary divorce and second marriage of their husbands during the currency of their first marriage”. One Muslim organisation had impleaded to that PIL and contended that the Apex court cannot examine the constitutional validity of the practices of marriage, divorce and maintenance in Muslim personal law on the ground that provisions of personal laws cannot be challenged by the reason of fundamental rights. This PIL may be heard together with the present petition by Shayara Bano.
The Relief Shayara Bano is asking for, are the following
The Writ petition is numbered as Writ Petition (Civil) 118 of 2016 and is seen posted on 28th March, 2016.
Read the Petition here via Legally India.