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SC issues notice to SG on Muslim
woman's plea against polygamy

The Supreme Court on Friday issued a notice to the solicitor general of India on a petition filed by Julekhabi, a divorced Muslim woman, seeking a ban on polygamy prevalent in the community.

Terming the issue raised in the petition as of "great importance," a bench of Justice K T Thomas and Justice S N Variava directed petitioner's counsel Lily Thomas to issue a notice to Solicitor General Harish Salve.

The court had earlier issued notices to the Union government and the husband of the petitioner, Fazal. Julekhabi has also sought quashing of her talaqnama.

The petition says the Hindu community, which constitutes the majority in the country, is governed by the Hindu Marriage Act, 1955, which prohibits polygamy and extra-judicial divorce. "Therefore, the custom and usage of polygamy and extra-judicial divorce allowed to be practiced by Muslims is a denial of equality, personal liberty and human rights guaranteed to all citizens by Articles 14, 15 and 21 of the Constitution."

Julekhabi was married to Fazal in 1989 at the age of 20. Describing herself as a casualty of polygamy, Julekhabi said she refused to stay with her husband when he married another woman in 1991.

However, once the talaq was granted, Fazal moved for cancellation of grant of maintenance -- a measly sum of Rs 400 a month -- being given to her since 1993.

The Madhya Pradesh high court allowed Fazal's application.

Julekhabi's appeal against the high court order is pending before the SC since 1999.

PTI

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