Nikah Halala Petitioner Seeks Protection From Top Court After Acid Attack

The top court directed Additional Advocate General of State of Uttar Pradesh, Aishwarya Bhati, to take instructions in the matter.

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Nikah Halala Petitioner Seeks Protection From Top Court After Acid Attack

The complainant had alleged that her husband divorced her, giving her triple talaq. (File)

New Delhi: 

The Supreme Court Friday agreed to hear on September 17 a plea filed by a petitioner in nikah halala and triple talaq case, seeking protection after facing acid attack yesterday at Bulandshahr in Uttar Pradesh.

A bench of Chief Justice Dipak Misra and Justices A M Khanwikar and D Y Chandrachud considered the plea of the woman, who was attacked allegedly by her brother-in-law and has been hospitalised. She has also sought better health care.

The top court directed Additional Advocate General of State of Uttar Pradesh, Aishwarya Bhati, to take instructions in the matter.

"Let this matter be listed on Monday, September 17, 2018. Let a copy of this application be served on Additional Advocate General of State of Uttar Pradesh Aishwarya Bhati who shall take instructions in the matter. Registry is directed to reflect the name of Ms. Aishwarya Bhati in the Cause List. Be it clarified, only interlocutory application shall be taken up and not the main matter," the bench said.

The court asked advocate Ashwini Kumar Upadhyay, counsel for the woman, to submit a copy of the petition to the Uttar Pradesh government.

The woman was on Thursday reportedly attacked with acid in Bulandshahr and it is being alleged that her brother-in-law and his friend were involved in the incident.

She was rushed to the local hospital and her condition is said to be stable.

Numerous petitions have been filed in the top court challenging the prevalent practices of nikah halala and polygamy among Muslims saying it was violative of fundamental rights guaranteed under the Constitution.

While polygamy allows a Muslim man to have four wives, 'nikah halala' deals with the process in which a Muslim woman, who wants to re-marry her husband after divorce, has to first marry another person and get a divorce from the second person after the consummation.

In her plea against nikah halala and polygamy, the woman had alleged that her husband divorced giving her triple talaq and forced to perform nikah halala with her brother-in-law. 

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