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Uniform laws on inheritance, maintenance, divorce in domain of Parliament: SC to Ashwini K Upadhyay

By Harshvardhan Sharma      Jan 07, 2023      0 Comments
Uniform laws on inheritance, maintenance, divorce in domain of Parliament: SC to Ashwini K Upadhyay

NEW DELHI: The Supreme Court on Friday orally observed that bringing uniform laws for inheritance, maintenance, divorce and guardianship fell in domain of Parliament.

Hearing a plea by advocate Ashwini Kumar Upadhyay, and others a bench of Chief Justice D Y Chandrachud and Justices P S Narasimha and J B Pardiwala said, "This is something in the legislative domain. It is for Parliament to do. How can we say Parliament shall pass such laws."

Upadhyay, for his part, he was not seeking such a direction but instead wanted the court to ask the Law Commission to examine the matter.

"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 Parliament to enact a law," the bench asked the petitioner.

Upadhyay maintained that it was a question of gender justice.

Senior Advocate Huzefa Ahmadi, appearing for a Muslim woman opposed the plea. He also said Upadhyay did not disclose that he had filed a similar petition earlier and subsequently withdrew it.

The court told Upadhyay to address arguments on preliminary issue of maintainability of the petition.

Senior advocate Gopal Sankaranarayanan, appearing for Upadhyay, submitted that the court may take up all the cases together or split them.

Additional Solicitor General K M Nataraj, appearing for the Union government, opposed the plea, saying it is a matter of legislative policy.

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