Chief Justice observed during the hearing that how could the court remove discriminatory practices without interfering in personal laws.
Supreme Court | File Pic
The Supreme Court on Wednesday issued notice on two PILs seeking direction to bring uniformity in matters of divorce and alimony across all religions.
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A bench headed by Chief Justice S.A. Bobde said the court is issuing notice with great caution.
The Chief Justice told petitioner's counsel that the court can grant a hearing in the plea, but problem is why should Hindu and Muslim community be brought on par like this. Chief Justice said, "How will you decide whether to adopt what is in Hinduism, Islam or Christianity?"
The counsel replied that if religious rights infringed upon the fundamental rights then such rights cannot be considered
Concluding the hearing, Chief Justice said, "We are issuing notice with great caution".
Chief Justice observed during the hearing that how could the court remove discriminatory practices without interfering in personal laws.
The PILs have been filed by advocate Ashwini Upadhyay.
The bench also queried does Article 14 prove to be an injunction against the state? And, on the basis of Article 14 and 15, the bench added should there be more grounds of divorce?
Senior advocate Meenaskshi Arora, representing the petitioner, contended that the state has to ensure certain rights and dignity under the Constitution and if a religious right is abusing the right then the state has to step in. The Hindu law was codified but not the Muslim law, she added.
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