The Central Government on Friday opposed the petitions before the Supreme Court seeking uniform laws for inheritance, maintenance, divorce and guardianship. .Additional Solicitor General (ASG) KM Nataraj, appearing for the government, said that the issues raised in the petitions fall within the domain of the legislature. "It is a matter of legislative policy," the ASG said.The bench of Chief Justice of India (CJI) DY Chandrachud, and Justices PS Narasimha and JB Pardiwala also concurred."This is something in the legislative domain. It is for the parliament to do," the bench observed before adjourning the case. .Senior Advocate Huzefa Ahmadi, appearing for a Muslim woman, said that she was against such a plea for uniform marriage and divorce laws since Muslim law assures a divorce when both parties consent to it. .One of the petitioners, advocate Ashwini Upadhyay, insisted that a direction be issued to the Law commission of India to deliberate on the matter and submit a report to the Court.However, the CJI said that the Court cannot enter into the domain of parliament."Our direction to the law commission has to be in aid of something. Aid of parliament since there is parliamentary sovereignty. Can the court direct the parliament to enact a law ?" asked the bench..The Kerala High Court has in the recent past called for framing uniform code for marriage and divorce in India.It has emphasised on the need to establish legal safeguards to protect the spouse who files for divorce and opined that it is necessary to first bring a common marriage code..[Read live account of the hearing in Supreme Court below].[Read order]
The Central Government on Friday opposed the petitions before the Supreme Court seeking uniform laws for inheritance, maintenance, divorce and guardianship. .Additional Solicitor General (ASG) KM Nataraj, appearing for the government, said that the issues raised in the petitions fall within the domain of the legislature. "It is a matter of legislative policy," the ASG said.The bench of Chief Justice of India (CJI) DY Chandrachud, and Justices PS Narasimha and JB Pardiwala also concurred."This is something in the legislative domain. It is for the parliament to do," the bench observed before adjourning the case. .Senior Advocate Huzefa Ahmadi, appearing for a Muslim woman, said that she was against such a plea for uniform marriage and divorce laws since Muslim law assures a divorce when both parties consent to it. .One of the petitioners, advocate Ashwini Upadhyay, insisted that a direction be issued to the Law commission of India to deliberate on the matter and submit a report to the Court.However, the CJI said that the Court cannot enter into the domain of parliament."Our direction to the law commission has to be in aid of something. Aid of parliament since there is parliamentary sovereignty. Can the court direct the parliament to enact a law ?" asked the bench..The Kerala High Court has in the recent past called for framing uniform code for marriage and divorce in India.It has emphasised on the need to establish legal safeguards to protect the spouse who files for divorce and opined that it is necessary to first bring a common marriage code..[Read live account of the hearing in Supreme Court below].[Read order]
