Facts of the case

Muslim law allows Muslim men to have four marriages, along with the right to divorce, under the concept of Talaq, whereby, the husband has the authority to divorce by the utterance of the term ‘Talaq‘, without judicial methods, and this may happen without her consent. The PIL filed in this case addressed both these issues, along with some others.

The PIL addressed five major issues

• to declare Muslim Personal Law which allows polygamy as void as offending Articles 14 and 15 of

the Constitution.

• to declare Muslim Personal Law which enables a Muslim male to give unilateral Talaq to his wife

without her consent and without resort to judicial process of courts. as void, offending Articles 13, 14 and 15 of the Constitution.

• to declare that the mere fact that a Muslim husband takes more than one wife is an act of cruelty within the meaning of Clause VIII of Section 2 of Dissolution of Muslim Marriages Act. 1939.

• to declare that Muslim Women (Protection of Rights on Divorce Act, 1986 is void as infringing Articles 14 and 15 83

• to further declare that the provisions of Sunni and Shia laws of inheritance which discriminate against females in their share as compared to the share of males of the same status. void as discriminating against females only on the ground of sex.

Held

In the light of these contentions, the court was of the opinion that India and Indians have been governed by personal laws, regardless of the time period. It was of the opinion that an interference by the court would lead to several undesirable outcomes, as the adjudication of personal laws was beyond the jurisdiction of the courts.

The petition was therefore dismissed.