Union Government Opposes Petitions Filed Before SC Seeking Uniform laws for Inheritance, Maintenance, Divorce

The Central Government has opposed the petitions filed before the Supreme Court, which sought uniform laws for inheritance, maintenance, divorce, and guardianship.

Additional Solicitor General (ASG) KM Nataraj, who represented the government, said that the issues raised in the petitions fall within the domain of the legislature.

The ASG said that it is a matter of legislative policy.

The bench of Chief Justice of India (CJI) DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala agreed to the point and said that this was a matter pertaining to the legislative domain.

The Apex Court, before adjourning the case, observed that it was for the Parliament to decide on the issue.

Senior Advocate Huzefa Ahmadi, who appeared for a Muslim woman, said that such a plea was not acceptable for uniform marriage and divorce laws since Muslim law assured a divorce when both parties consented to it.

Advocate Ashwini Upadhyay said that a direction should be issued to the Law Commission of India to deliberate on the matter and submit a report to the Court.

The CJI, however, said that the Court cannot enter into the domain of Parliament.

The bench said that their direction to the law commission has to be in aid of something. It should be in the context of the Parliament since there was parliamentary sovereignty.

The Apex Court asked, “How can the court direct the Parliament to enact a law?”

In the recent past, the Kerala High Court has called for framing a uniform code for marriage and divorce in India.

The Court emphasised the need to establish legal safeguards to protect the spouse who files for divorce and opined that it was necessary to first establish a common marriage code.