A third petition has now been filed with the Supreme Court against polygamy and nikaah halala. Filing the petition, Nafisa Khan of Delhi has demanded that polygamy and nikah halala be declared unconstitutional.
It has been said in the petition that Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937 should be declared to be violative of Article 14, 15, 21 and 25 of the Constitution as it recognizes multi-marriage and nikah halala.
[Halala, practiced primarily by certain sects of Sunni Muslims, is about getting a female divorcee married to someone else and consummating the marriage and getting a divorce, before being allowed to remarry her previous husband.]
Nafisa has claimed in her petition that the provisions of the Indian Penal Code, 1860, apply equally to all Indian nationals. The petition also states that “triple talaq (or talaq-e-biddat) is a cruelty under Section 498A of the IPC.”
– India Legal Bureau