The Central Government has opposed the petitions filed before the Supreme Court, which sought uniform laws for inheritance, maintenance, divorce and guardianship.
The Additional Solicitor General (ASG) KM Nataraj, who represented government, said that the issues which were raised in the petitions fall within the domain of the legislature.
The ASG said that it is a matter of legislative policy.
The bench comprising of Chief Justice of India (CJI) DY Chandrachud, and Justice PS Narasimha and Justice JB Pardiwala also agreed and said that this is the matter pertaining to the legislative domain and is for the parliament .
The bench observed before adjourning the case.
Senior Advocate Huzefa Ahmadi, who appeared for a Muslim woman,said that such plea was not acceptable for uniform marriage and divorce laws since Muslim law assures a divorce when both parties consent 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. Aid of parliament since there is parliamentary sovereignty. Can the court direct the parliament to enact a law ?
In the recent past the Kerala High Court has asked for framing uniform code for marriage and divorce in India.
The Court has emphasised on the need to establish legal safeguards to protect the spouse who files for divorce and opined that it is necessary to first bring a common marriage code.
The post Uniform Civil laws : Centre opposes petition in Supreme Court, says matter falls in the domain of legislature appeared first on India Legal.
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