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VERSUS
AND
IN THE MATTER OF :-
To
Hon’ble the Chief Justice of India
and his companion judges of the
Supreme Court of India.
The humble application of the
above named Applicant
1. That the present suo motu writ petition has been registered by this
main aims and objectives of the Applicant organization are inter alia
as follows:-
Act;
Personal Law or, in the alternative, to see that the Muslims are
Muslims;
Personal Law;
view the new issues and to search for their proper solution
4. That this Hon’ble Court while pronouncing the judgment in the case
Prakash & Ors v. Phulavati & Ors., 2015 (11) SCALE 643 on
General and National Legal Services Authority, New Delhi and also
& Ors. (supra) to assist this Hon’ble Court, for either view point.
Muslim Personal Laws, the view of the Muslim Community must also
be considered.
Muslim Personal Laws, it wishes to put forth its views before this
Hon’ble Court for the adjudication of the questions which have arisen
Personal Laws of the Muslim Community and in view of the fact that
said application being I.A. No. 1 of 2016 in Suo Motu Writ Petition
(C) No. 2 of 2015 has been allowed by this Hon’ble Court vide its
2016 passed by this Hon’ble Court in Suo Motu Writ Petition (Civil)
[Page No.22].
6
10. That the Applicant organization submits that since the questions
involved in the present Suo Motu Writ Petition are concerning the
view point before this Hon’ble Court in the present matter and
SCC 573.
Constitution;
Constitution
7
iii. Whether the mere fact that a Muslim Husband takes
with which the Court will not ordinarily have any concern. The
Hon’ble Court also held that these issues are matters which
(1981) 3 SCC 689, has held that the Part III of the Constitution
does not touch upon the personal laws of the parties. This
the personal laws of the parties could not introduce its own
submitted that since Part III of the Constitution does not touch
personal law.
code. Yet they did not wish that the provisions of the
G. That if this Hon’ble Court lays down special rules for Muslim
“It is not the duty of the court either to enlarge the scope
not permissible.
separation of powers.
favouring the Uniform Civil Code were of the view that Uniform
for the national unity and solidarity. If one looks at the major
allies on one side and their opponents on the other were all
them did not prevent the world wars. In other words, the
two Muslim nations viz., Iran and Iraq. Again both the warring
law amongst the Iraqis and Iranians did not form the bond of
unity or solidarity.
Bill was passed with the professed object to apply uniform civil
the Hindu Law is also divided into several schools of law viz.,
schools of law on some of the issues, but it did not and could
real terms. Are they not the caste divisions which still exist and
Code?
married under that Act and in explicit terms stated that the
17
Succession would open as per the provisions of the Indian
Civil Code.
accorded under the fiscal laws like Income Tax Act and the
government revenues.”
law: Among the Santhal and Bhil tribals, women cannot hold
property. Any attempt to pass the Uniform Civil Code will fail
issue before this Hon’ble Court or any other Court in the country.
PRAYER
It, is therefore, most respectfully prayed that this Hon’ble Court may
(b) Pass such other or further order or orders or such directions as this
Hon’ble Court may deem fit and proper in the facts and
Filed by:-
EJAZ MAQBOOL
Advocate for the Applicant
DRAWN BY:-
Mr. Ejaz Maqbool, Advocate
Ms. Rashda S. Ainapore, Advocate
Ms. Akriti Chaubey, Advocate
SETTLED BY:-
Mr. Yusuf Hatim Muchhala
Senior Advocate
New Delhi
Dated: 16.03.2016
21
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
I.A. NO. OF 2016
IN
SUO MOTU WRIT PETITION (CIVIL) NO. 2 OF 2015
AND
IN THE MATTER OF :-
AFFIDAVIT
I, Md. Wali Rahmani, S/o. Son of Late Mr. Syed Minnatullah Rahmani , aged
about 72 years, having my office at 76A/1, Main Market, Okhla Village, Jamia
Nagar, New Delhi - 110025, do hereby solemnly affirm and state as under:-
DEPONENT
VERIFICATION
Verified at New Delhi on this 15th day of March, 2016 that the contents of the
above Affidavit are correct and true to the best of my knowledge, belief and
nothing material has been concealed therefrom.
DEPONENT
22
ANNEXURE A – 1
IN RE: …Petitioner(s)
VERSUS
CORAM :
HON’BLE THE CHIEF JUSTICE
HON’BLE MR. JUSTICE A. K. SIKRI
HON'BLE MRS. JUSTICE R. BANUMATHI
ORDER
Heard.
Sd/- Sd/-
(Shashi Sareen) (Veena Khera)
AR-cum-PS Court Master
// TRUE COPY //