Muslim lady rejects PIL for uniform divorce, alimony and alimony legislation within the Supreme Courtroom

A Muslim woman relocated the Supreme Court to take action against the PIL filed by BJP chairman and Supreme Court attorney Ashwini Kumar Upadhyay over the uniformity of personal laws regulating divorce, alimony and alimony for Indian citizens.

Amina Shervani, who lives in Gurgaon, claims that the provisions governing Muslim marriages, divorce, alimony, etc. under Muslim personality law are quite beneficial.

She claims that the contractual nature of Muslim marriage helps Muslim women impose conditions on their marriage that protect their interests in the face of the uncertainties of married life.

The field of application drawn up by lawyer Fuzail Ahmad Ayyubi and lawyer Rashmi Singh, it says:

“Muslim marriage is contractual in nature and, as such, the parties to it may impose conditions governing their marital relationships. These conditions may be imposed before marriage or at the time of marriage or even after marriage. The agreement must be legal and comply with the provisions The ability to impose marital conditions under Muslim law offers Muslim women protection and protection of their interests in the face of uncertainties in conjugal life, and such marital conditions provide Muslim women with adequate provisions after the dissolution of the marriage as well as during the marriage. “

The motion also clarifies provisions such as more (customary consideration of Muslim marriage), types of divorce, etc. that are available among Muslim staff and that are supposed to benefit the community.

Rights from Muslim marriage contracts:

Due to the marriage contracts according to the Muslim personality laws, Muslim women have a right to more – an “essential” consideration for the marriage. According to Islamic principles, nothing more could be poor, she says.

The marriage contract also enables Muslim women to:

  • Divorce of the husband over the occurrence of certain eventualities (Sabra Jan versus Abdul Raoof, AIR 1921 Lah 194)
  • Leave the man’s house in case of abuse or disagreement (Banne Saheb v Abida Begum, AIR 1922 Oudh 251).
  • Claim fixed or separate maintenance under certain circumstances (Mohd. Muinuddin v Jamal Fatima, AIR 1921 All. 152)
  • To impose the condition on the husband to feed the children of his wife’s ex-husband or to grant the wife a special allowance for maintenance (Yussoof Ali v. Fyzoonisa, 15 WR 296)

Provisions for mediation and rapid resolution of marital disputes:

The motion indicates that the settlement of marital disputes through mediation is provided for in Islamic marriage law. It is argued that such a dispute settlement protects the parties from “protracted, controversial legal disputes” which bring immense hardship and humiliation, especially for women.

Methods available to Muslim women to get divorced

The application states that under Muslim personality rights, a Muslim woman can divorce her husband in the following five ways:

  • Talak-e-Tafweez (the woman’s right to divorce her husband is the same as that of the husband, if the same has been admitted to the Nikahnama or if the husband has made such a delegation at a later date)
  • Khula (woman can have her marriage dissolved by Shariat Court)
  • Talak-e-Mubarrah (mutual divorce)
  • Fask- (woman can have the marriage annulled by Shariat Court)
  • Dissolution of the marriage by court (woman can move the regular courts under the Law on Dissolution of Muslim Marriages of 1939)

With this in mind, Shervani tries to oppose the PIL. She has also questioned the petitioner’s geographic status, stating that the immediate petition is an obvious attempt to withdraw the agency from women like her.

The plea goes on to say that the petition is a deliberate attempt to interfere with the cultural and customary practices and customs protected by Articles 25 and 26 of the Constitution of India.

“The divorce issue raised in the written petition goes beyond the realm of cultural and customary rights associated with the right to freely profess and practice one’s religion,” the motion said.


The written request for uniformity of personal laws was made last year by the BJP chairman and attorney for the Supreme Court, Ashwini Kumar Upadhyay.

He had pointed out that Hindus, Buddhists, Sikhs, and Jains must seek divorce under the Hindu Marriage Act of 1955, while Muslims, Christians, and Parsis have their own personal laws. Couples belonging to different religions must divorce under the Special Marriage Act of 1956. If one of the partners is a foreign national, the Foreign Marriage Act of 1969 applies. Therefore, grounds for divorce are neither gender neutral nor religiously neutral and discriminatory under Articles 14, 15 and 44 of the Indian Constitution.

However, on December 16, the Supreme Court agreed to notify the petition. However, the CJI noted, “We are issuing a notice with great caution.”

During the hearing, the CJI had expressed its aversion to tampering with personal laws. “They are asking us to intervene in personal laws and remove the distinction they create,” the CJI had said.

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