SC transfers to itself petition pending before Allahabad HC related to Muslim Personal Law

New Delhi, Mar 18 (UNI) The Supreme Court on Monday decided to transfer to itself the petition pending before the Allahabad High Court relating to issues of Muslim Personal Law.

A bench comprising Justice Surya Kant and Justice K. V. Viswanathan gave its nod to the Union Government’s plea which sought the transfer of the petition to the Supreme Court because identical issues are pending consideration in the Constitution Bench’s case (Ashwini Kumar Upadhyay Vs. Union Of India).

The issues raised in the PIL are challenging the validity of the Muslim Personal Law (Shariat) Application Act, 1937, and seeking a declaration that Section 494 IPC (Punishment for bigamy) is ultra vires to the Constitution of India.

In March last year, the Allahabad High Court Bench of Justice Devendra Kumar Upadhyaya and Justice Subhash Vidyarthi issued a notice to the Attorney General of India on a PIL filed by the Hindu Personal Law Board.

Today, when the matter came up before the Bench of Justice Surya Kant and Justice K. V. Viswanathan, the bench observed that since the issues raised are broadly under consideration before the Constitution Bench, this matter can also be tagged along with it.

A batch of petitions challenging the constitutional validity of polygamy and Nikah Halala, which is allowed by Muslim personal law, is pending before the Constitution Bench of the Supreme Court.

In 2018, the bench headed by the then Chief Justice of India Dipak Misra referred these petitions to a 5-judge bench.

Today the Respondent (Hindu Personal Law Board) was not present before the Supreme Court despite a notice being issued to it.

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