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Supreme Court to hear plea seeking criminalisation of nikah halala and polygamy

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New Delhi: The Supreme Court on Friday, agreed to hear the plea filed by Nafisa Khan, on criminalisation of Nikah Halala and polygamy. The court will hear the plea on March 26. Earlier on March 5, a Public Interest Litigation (PIL) was filed in the apex court demanding to declare Nikah Halala and polygamy as ‘unconstitutional’.

The PIL, filed by lawyer Ashwini Upadhyay, also urged the apex court to declare both the practices as the violation of fundamental rights. Further, the PIL also urged the top court to declare ‘Nikah Halala’ as rape under section 375 of the Indian Penal Code (IPC) and declare polygamy an offence under the section of 494 of the IPC and also triple talaq, an offence under section 498 of the IPC.

The practice of ‘Nikah Halala’ requires the divorced woman to marry someone else, consummate the marriage and then get a divorce in order to again marry her first husband under the Muslim personal law. Polygamy is the practice of having more than one wife or husband at the same time.