NEW DELHI: A quarter century after asserting in the Sarla Mudgal case that the country could brook no delay in enacting a Uniform Civil Code, the Supreme Court on Wednesday warily entertained two PILs seeking uniform divorce laws and uniformity in grant of maintenance and alimony to women, and sought the Centre s response.
Appearing for petitioner Ashwini Kumar Upadhyay, senior advocates Pinky Anand and Meenakshi Arora argued that different modes of divorce and varied means of maintenance and alimony to women provided for under personal laws violated the right to equality and non-discrimination and were an affront to women s right to dignity, which is part and parcel of their right to life.
SC notice to govt on neutral divorce, alimony rule
“Government is the pulse of people. They can do so. How can we as a Court encroach on personal laws,” Chief Justice S A Bobde, heading a three-judge bench, observed while seeking the Centre’s response on a petition filed by advocate Ashwini Kumar Upadhyay. December 17, 2020 1:12:25 am
The CJI asked senior advocates Pinki Anand and Meenakshi Arora, who appeared for the petitioner, whether they were seeking abolition of personal laws. “No,” Anand responded.
The Supreme Court on Wednesday issued notice on petitions seeking direction to the Centre to implement gender- and religion- neutral grounds in matters of awarding maintenance and alimony, and uniform grounds for divorce for all citizens, even as it wondered whether the court can enter into the field of personal laws.
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