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Supreme Court Issues Notice to Centre on Plea Seeking Ban on Muslim Polygamy

The Supreme Court has issued a notice to the Central government regarding a writ petition that seeks to ban polygamy among Muslims in India and advocates for legal reforms to protect the rights of Muslim women.

Information was available with The Chenab Times that the petition, jointly filed by the Bharatiya Muslim Mahila Andolan (BMMA), along with a group of academicians and journalists, was heard by the apex court on Friday. Advocate Shriya Maini presented the case for the petitioners.

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Petitioners Outline Key Prayers

During the proceedings, the court acknowledged four primary prayers put forth in the petition. The first prayer calls for the complete abolition of polygamy within the Muslim community, asserting that the practice leads to significant hardship for Muslim women. This plea highlights the potential discrimination and disadvantages faced by women in such marital arrangements.

The second prayer seeks a judicial declaration that polygamy is considered illegal under Section 82 of the Bharatiya Nyaya Sanhita (BNS), the new criminal code that has replaced the Indian Penal Code. This suggests a contention that the current legal framework, as interpreted through the BNS, should already prohibit the practice.

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Demand for Financial Support and Marriage Registration

Further, the petitioners have requested the establishment of a dedicated fund. This fund would aim to provide financial assistance and interim support to the first and second wives affected by instances of multiple marriages. The intention behind this prayer is to offer a measure of economic security and recourse for women impacted by polygamous unions.

The fourth and final prayer presented to the court is the demand for a statutory mechanism to officially register Muslim marriages and divorces. The petitioners draw a parallel to the existing system for the registration of Hindu marriages across India, suggesting that a similar formalized process is necessary for Muslim marriages to ensure legal clarity and protection for all parties involved.

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