The Central Government has opposed the petitions filed before the Supreme Court, which sought uniform laws for inheritance, maintenance, divorce and guardianship.
Additional Solicitor General (ASG) KM Nataraj, who represented government, said that the issues which were raised in the petitions fall within the domain of the legislature.
The ASG said that it is a matter of legislative policy.
The Bench of Chief Justice of India (CJI) DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala agreed to the point and said that this was the matter pertaining to the legislative domain.
The Apex Court, before adjourning the case, observed that it was for the Parliament to decide on the issue.
Senior Advocate Huzefa Ahmadi, who appeared for a Muslim woman ,said that such plea was not acceptable for uniform marriage and divorce laws since Muslim law assured a divorce when both parties consent to it.
Advocate Ashwini Upadhyay said that a direction should be issued to the Law Commission of India to deliberate on the matter and submit a report to the Court.
The CJI, however, said that the Court cannot enter into the domain of Parliament.
The Bench said that their direction to the law Commission has to be in aid of something. It should be in referred of the Parliament since there was Parliamentary sovereignty.
The Apex Court asked, How can the court direct the Parliament to enact a law?
In the recent past, the Kerala High Court has asked for framing uniform code for marriage and divorce in India.
The Court emphasised on the need to establish legal safeguards to protect the spouse who files for divorce and opined that it was necessary to first bring a common marriage code.
Advocate Ashwini Upadhyay has filed five separate petitions in the Apex Court seeking direction to the Centre to frame religion and gender-neutral uniform laws for divorce, adoption, guardianship, succession, inheritance, maintenance, marriage age, and alimony.
In August 2020, the BJP leader had filed a PIL seeking uniform grounds of divorce for all citizens, in keeping with the spirit of the Constitution and international conventions.
Another PIL was filed by Upadhyay through Advocate Ashwani Kumar Dubey seeking gender and religion-neutral uniform grounds of maintenance and alimony for all citizens.
A separate PIL, also filed by the petitioner, sought removal of anomalies in laws governing adoption and guardianship and to make them uniform for all citizens.
A petition seeking removal of anomalies in succession and inheritance laws and making them uniform for all was also filed in the Supreme Court by Upadhyay.