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Three of the PILs filed by Upadhyay deal with the issues of uniform adoption laws; uniform divorce, maintenance and alimony law; and succession and inheritance rights. The fourth one seeks transfer of petitions from various high courts to the SC on the issue of uniform minimum age for marriage for all religious communities. In its famous Shah Bano judgment in 1985, the SC had said, “A common civil code will help the cause of national integration by removing disparate loyalties to law which have conflicting ideologies.” A decade later, in the Sarla Mudgal case, it had said, “Where more than 80% of citizens have already been brought under codified personal law, there is no justification whatsoever to keep in abeyance, any more, the introduction of uniform civil code for all citizens in India.” In its 2003 judgment in Vallamattom case, the SC had highlighted the desirability of achieving the goal set by Article 44 of the Constitution. ....
NEW DELHI: After entertaining a PIL seeking uniform legal provisions for grant of divorce, maintenance and alimony, the Supreme Court on Friday sought the Centre’s response on a PIL seeking enactment of uniform adoption and guardianship laws, thus bringing the issue of the framing of a Uniform Civil Code (UCC) under its scrutiny. A bench of Chief Justice S A Bobde and Justices A S Bopanna and V Ramasubramanian sought responses from Union ministries of home, law, and women and child development on the PIL seeking uniform adoption laws filed by advocate-petitioner Ashwini Upadhyay, who was also the petitioner for a uniform law on divorce and maintenance. The bench tagged the two petitions for a joint hearing on the issues, which form the core of UCC. ....
Petition in Supreme Court for uniform divorce law, a step closer to common civil code BJP leader Ashwini Upadhyay has filed a petition in the Supreme Court seeking a uniform law for divorce and alimony. Speaking to Indiatoday.in, Upadhyay explained its link to a common civil code. advertisement UPDATED: December 17, 2020 16:55 IST The Supreme Court is considering a petition filed by BJP leader Ashwini Upadhyay seeking uniform divorce law in India. (Photo: PTI) India has a common criminal code in the CrPC and the IPC but the civil laws are codified in personal laws that govern people belonging to different religious communities. Now a petition has come before the Supreme Court seeking direction for a uniform divorce and alimony law for everyone. ....
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. ....