SAMEENA BEGUM Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. Mohan Parasaran; Mr. V. Shekhar; Mr. Sajan Poovayya, learned senior counsel and Mr. Gopal Sankaranarayanan, learned counsel for the petitioners and Mr. V.K. Biju, learned counsel for one of the applicants.

(2.) It is submitted by learned counsel for the petitioners that the challenge in these writ petitions pertains to the prevalent practice of polygamy including Nikah Halala; Nikah Mutah; and Nikah Misyar as they are unconstitutional.

(3.) Various grounds have been urged in support of the stand as to how these practices, which come within the domain of personal law, are not immune from judicial review under the Constitution. It is urged by them that the majority opinion of the Constitution Bench in the case of Shayara Bano etc. v. Union of India & Ors. etc. (2017) 9 SCC 1 has not dealt with these aspects. They have drawn our attention to various paragraphs of the judgment to buttress the point that the said issues have not been really addressed as there has been no delineation on these aspects.