Team  SoOLEGAL

PILs seek uniform grounds for Divorce and Alimony; SC issues Notice to Centre

Team SoOLEGAL 17 Dec 2020 4:32pm

PILs seek uniform grounds for Divorce and Alimony; SC issues Notice to Centre

On Wednesday, 16th December, 2020, Supreme Court had issued a notice to the Center regarding two separate petitions by asking for uniform grounds for divorce and maintenance for citizens across the country. Two separate PILs were filed by a BJP leader Ashwini Kumar Upadhyay and according to him, all the women in the country must be treated equally and if any woman is being excluded from her fundamental rights by some religious practices then those practices must not be protected.

Chief Justice A.S. Bopanna and Justice V. Ramasubranium were hearing the PILs and are of the view that, if the Court gives any direction relying on the two PILs and the statement of the BJP leader, then it will infringe the personal laws and will also demolish the objectives of personal laws.

Petition for uniform grounds for divorce was argued by Senior Advocate Pinky Anand, whereas, petition for uniform maintenance and alimony grounds was being argued by senior advocate Meenakshi Arora.

According to the petition of divorce, the grounds for divorce are neither gender neutral nor religion neutral. Example incurable leprosy can be a ground of divorce for Hindus and Christians but not for Muslims and Parsis. The petitioners were asked by the Court, whether these discriminatory grounds can be removed without entering personal laws.

A case, [1]Shayara Bano Vs. Union of India was being referred by the petitioners wherein the Supreme Court had struck down the concept of triple talaq considering it unconstitutional. The Court ruled that Triple Talaq has not been considered to have the sanctity of law under Muslim personal rules. The Court, however, demanded the Center's response to both the petitions.



Tagged: Divorce   Alimony   Supreme Court   BJP leader   Chief Justice A.S. Bopanna   Justice V. Ramasubranium   Shayara Bano   Union of India   Triple Talaq  
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