New Delhi: The Supreme Court on Wednesday issued a notice to hear a plea seeking “uniform grounds of divorce” for all citizens of the country keeping with the spirit of the Constitution and international conventions.
A bench of Chief Justice S A Bobde and Justices AS Bopanna and V Ramasubramanian orally observed that it may consider the prayer for directing the Law Commission of India to examine the laws relating to divorce and suggest ‘Uniform Grounds of Divorce’ for all citizens in the spirit of Articles 14, 15, 21, 44 of the Constitution within three months.
The petition was filed by BJP member and Advocate Ashwini Upadhyay. CJI questioned if through the petition they want to abolish the personal law because without that discrimination can not be removed.
"How do we as a court encroach on personal law like this," questioned CJI.
Counsel for petitioner mentioned Triple Talak case to which CJI said that it was not a common practice and the Parliament had passed legislation on it.
Shayra Bano case was also mentioned where under Article 146 court had said that the directions will exist till the law is passed. We want a similar relief, if we look at certain provisions of Muslim law, then maintenance can go on only for the period of Biddat, women are left with nothing, submitted Senior Advocate, Meenakshi Arora, appearing for the petitioner.
CJI said that different religions treat women differently and the petitioner should justify comparing the circumstances of a Hindu woman and Muslim woman.
Senior Advocate Meenakshi Arora asked why women have to be treated differently after divorce in a different religion. She argued that religious practices are one thing but fundamental rights should be not be interfered with.
CJI said that they can grant the plea a hearing but an immediate problem which they see is that why should a Hindu and Muslim be brought at par.
In favour of the petitioner, he also cited limited grounds of divorce in Catholics and how under Article 14 and 15 they were extended.
The court will hear the matter after vacations.
