SC seeks centre's views on pleas challenging polygamy, Nikah Halala

A constitution bench of the Supreme Court on Tuesday issued notices seeking the views of the central government and the national commissions for women, minorities and on human rights, on a clutch of pleas demanding a ban on the practices of polygamy and 'nikah halala' among Muslims. The petitions will come up for detailed hearing after the Dussehra vacations.

Holding that the issues were "very serious and important", the top court in 2018 had constituted a five-judge constitution bench to adjudicate the matter.

The court had in August 2017 banned triple talaq, declaring it "unconstitutional, manifestly arbitrary, gender discriminatory and violative of the right to equality". However, it left the issues of polygamy and 'nikah halala' open, observing that their validity would be examined by a constitution bench.


Nikah halala is intended to curb the incidence of divorce, as under it a man cannot remarry his former wife unless she marries another man, consummates the marriage, gets a divorce and observes a period of separation called iddat.