Supreme Court Agrees To Examine Woman’s Plea Claiming Partition of Property As per Shariat Law ‘Discriminatory’
New Delhi, March 17: The Supreme Court on Friday agreed to examine a plea of a Muslim woman who claimed that the partition of the property as per Shariat Law is discriminatory. A bench of justices Krishna Murari and Sanjay Karol issued notice to the petitioner’s 11 siblings.
“Considering the facts, both parties are directed to maintain status quo in respect of nature and possession over the property as it exists today,” the court said. The court was hearing a petition filed by Bushara Ali, challenging the Kerala High Court order dated January 6, 2023. Muslim Couple in Kerala To Remarry Under Special Marriage Act for Securing Their Daughters’ Future.
Kerala HC on January 6 rejected her plea challenging a trial court order whereby as per preliminary decree dated January 19,1995, she was allotted 7/152 shares of items 1 and 2 of plaint schedule property having 1.44 acres each. As per the petitioner, she was only allotted 4.82 cents of property. Nikah Halala Horror: Divorced Woman in Bareilly Forced to Sleep With Father-in-Law For Remarrying Husband.
The grievance of the petitioner was that in spite of the guarantee of the Constitution, Muslim women are subjected to discrimination. She submitted that the partition of the property as per Shariat Law is discriminatory and the same needs to be set aside.
The Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, to the extent of not giving an equal share to a female compared to a male is violative of Article 15 of the Constitution and therefore void as per Article 13 of the Constitution, the petitioner said.
The petitioner was represented by advocate on record Bijo Mathew Joy, and advocates Manu Krishnan and Atul Sohan. The petitioner submitted that her father died intestate leaving behind his wife, seven sons and five daughters.
“Being a daughter, as per Shariat Law, Petitioner was only allotted 1/2 the shares as of her male counterparts i.e, Petitioner was allotted 7/152 shares whereas her male counterparts were granted 14/152 shares,” the woman said in her plea. The lady claimed that the trial court and High Court have erroneously dismissed her plea.
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