AIMPLB moves SC opposing plea seeking “uniform grounds of divorce” for all citizens


PTI, Feb 13, 2021, 7:28 PM IST

New Delhi: The All India Muslim Personal Law Board (AIMPLB) has moved the Supreme Court against a plea seeking ”uniform grounds of divorce” for all citizens of the country, keeping with the spirit of the Constitution and international conventions.

The AIMPLB has opposed the plea filed by advocate and BJP leader Ashwini Kumar Upadhyay seeking uniform grounds of divorce on the basis that personal laws cannot be tested on the anvil of Articles 14, 15, 21 and 44 of the Constitution.

“The applicant would like to submit that the expression and ‘Custom and Usage’ in Article 13 of the Constitution does not include the faith of a religious denomination embedded in personal laws,” the plea said while seeking impleadment in the petition filed by Upadhyay.

“The Constituent Assembly was aware of the distinction between ‘personal law’ and the ‘custom and usage’ and chose advisedly to exclude personal law and include custom and usage in Article 13 of the Constitution,” it said.

The Board in its plea submitted that the laws relating to marriage and divorce amongst the Hindus themselves are not uniform and thus the customs and practices have been protected by the statute itself.

The top court on December 16 last year had issued notice to the Centre on the plea filed by Upadhyay.

His plea sought directions to the Centre to take steps to remove anomalies in divorce laws and make them uniform for all citizens, without any prejudice on the basis of religion, race, caste, sex or place of birth.

”The court may declare that the discriminatory grounds of divorce are violative of Articles 14, 15, 21 and frame guidelines for ‘Uniform Grounds of Divorce’ for all citizens,” it said.

While Article 13 of the Constitution deals with laws that are inconsistent with or in derogation of the fundamental rights, Article 14 guarantees equality before the law to all citizens. Article 21 pertains to the protection of life and personal liberty whereas Article 44 talks about a uniform civil code for the citizens.

”Alternatively, this court may direct the Law Commission to examine the laws of divorce and suggest ‘Uniform Grounds of Divorce’ for all citizens in the spirit of Articles 14, 15, 21, 44 within three months, while considering international laws and international conventions,” the plea said.

Hindus, Buddhists, Sikhs and Jains have to seek divorce under the Hindu Marriage Act, 1955. Muslims, Christians and Parsis have their own personal laws. A couple belonging to different religions has to seek divorce under the Special Marriage Act, 1956,” it said.

If either partner is a foreign national then that person has to seek divorce under the Foreign Marriage Act, 1969. Hence, the grounds of divorce are neither gender-neutral nor religion-neutral, the plea said.

The PIL said the ”injury” caused to the public due to this is large because divorce is among the most traumatic misfortunes for both men and women, but even after 73 years of independence, divorce procedures are very complex in the country.

Udayavani is now on Telegram. Click here to join our channel and stay updated with the latest news.

Top News

Puttur: Teenager’s death due to fall – Father of the boy requests comprehensive probe

Money laundering case: ED to produce Sanjay Raut before special court in Mumbai

PM Modi lauds CWG winners, says first medal in cricket will always be special

Srikanth, Gayatri-Treesa win bronze medals; Sindhu, Sen one step away from maiden gold

Big stage fright gets to India again as they lose to Australia in CWG final

Cease-fire between Palestinians, Israel takes effect in Gaza

Belagavi: Holiday declared for schools on Monday after leopard sighting in city


Related Articles More

Money laundering case: ED to produce Sanjay Raut before special court in Mumbai

PM Modi lauds CWG winners, says first medal in cricket will always be special

Fake loan App racket: Mumbai Police take 3 accused on remand

NITI meet: PM Modi urges states to focus on 3Ts, modernising farm sector

BJP functionary, supporters booked for assaulting cops, freeing his kin: Police

MUST WATCH

NEWS BULLETIN 08-08-2022

Commonwealth Games medal winner Gururaj Poojari Grand welcome in Udupi

Mysuru Dasara 2022: Gajapayana flagged off from Nagarahole National Park

Road Covers Flood water at teerthahalli

Health, Earth, & We Can All Be Well With Natural Fertilizer |


Latest Additions

Puttur: Teenager’s death due to fall – Father of the boy requests comprehensive probe

Money laundering case: ED to produce Sanjay Raut before special court in Mumbai

PM Modi lauds CWG winners, says first medal in cricket will always be special

Srikanth, Gayatri-Treesa win bronze medals; Sindhu, Sen one step away from maiden gold

Big stage fright gets to India again as they lose to Australia in CWG final

Thanks for visiting Udayavani

You seem to have an Ad Blocker on.
To continue reading, please turn it off or whitelist Udayavani.