By: Express News Service | New Delhi |
December 17, 2020 1:12:25 am
The CJI asked senior lawyers Pinki Anand and Meenakshi Arora, who appeared on behalf of the petitioner, if they were seeking the abolition of personal laws. “No,” replied Anand.
The Supreme Court on Wednesday published a notice of petitions requesting an instruction to the center to implement gender and religion-neutral grounds for child support and uniform grounds for divorce for all citizens, even if it wondered if the court can make a decision the area of personal laws.
“Government is the pulse of the people. You can do that. How can we as a court intervene in personal laws? “Noted Chief Justice SA Bobde, who ran a three-judge bank, when soliciting the center’s response to a petition filed by attorney Ashwini Kumar Upadhyay.
The bank, which includes Judges AS Bopanna and V Ramasubramanian, announced that it was issuing the notice “with great caution”.
The CJI asked senior lawyers Pinki Anand and Meenakshi Arora, who appeared on behalf of the petitioner, if they were seeking to abolish personal laws. “No,” replied Anand. The CJI said this did not appear to be the case, noting, “They are asking us to intervene in personal laws and remove the distinction they create.”
Anand referred to earlier cases such as the Shayara Bano case, in which the court ruled against the practice of instant triple talaq to allege that courts had struck down provisions in personal laws found to be unconstitutional. She added that in the Sarla Mudgal case, the court had emphasized the need for a common civil code.
“Did we say in Shayara Bano (case) that the grounds for divorce are the same,” asked the CJI, adding that parliament had also passed legislation in the present Triple Talaq case. Anand pointed out that the court had previously intervened in matters where no previous law had been passed, and should do so in the present case.
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