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Regular-article-logo Sunday, 04 May 2025

SHAH BANO CASE REVISITED 

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FROM OUR LEGAL CORRESPONDENT Published 11.05.01, 12:00 AM
New Delhi, May 11 :    New Delhi, May 11:  In a case reminiscent of the Shah Bano controversy, the Supreme Court today issued notices to the Centre on a petition by a divorced Muslim woman seeking a ban on polygamy in the community. The woman's husband had divorced her by invoking the Shariat-sanctioned 'irrevocable triple talaq'. A division bench of Justice K.T. Thomas and Justice R.P. Sethi issued notices to the husband as well. The woman had also filed a separate petition seeking quashing of her talaqnama. Lily Thomas, appearing for the woman, said Hindus, who constitute the majority, are governed by the Hindu Marriage Act, 1955 which prohibits polygamy and extra-judicial divorce. 'Therefore, the custom and usage of polygamy and extra-judicial divorce allowed to be practised by Muslims is a denial of equality, personal liberty and human rights guaranteed to all citizens by Articles 14, 15 and 21 of the Constitution.' Thomas argued that the woman refused to live with her husband after he married another woman in 1991. 'This is the direct casualty of polygamy,' Thomas contended. The petitioner married Fazal Khan in 1989 at the age of 20 but left him after Fazal's second marriage in 1991. The petitioner said once the talaqnama was granted, Fazal had moved for cancellation of the grant of maintenance, which was being given to her from 1993 at the rate of Rs 400 a month. Madhya Pradesh High Court had allowed the application. Thomas said the woman's plea before the Supreme Court for restoration of the maintenance was pending since 1999 and she was 'living in a state of penury'. The woman's counsel said the system of triple talaq was also practised 'through telegram' and backed up the argument with a newspaper clipping that described how 'triple talaq' is effected through telegrams. 'This would put the lives of millions of Muslim women in jeopardy,' the counsel argued. The petition sought a declaration that 'polygamy practised by Muslim community is illegal, unconstitutional and void. It should be substituted by monogamy'. The petition also sought a declaration from the apex court that Muslim women could also dissolve a marriage under the Muslim Marriage Act, 1939. It sought 'equality with Muslim men', so that the provisions of the Muslim Marriage Act could be 'invoked equally by either spouse'. The petition asked the court to strike down the provisions of talaq, ila, zihar, lian and khula, which Muslim men invoke for extra-judicial divorce.    
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