Nikah halala refers to the marriage of a woman with another man who subsequently divorces her so that her previous husband can remarry her.
While dealing with the plea of the 26-year-old woman from Kolkata whose husband divorced her by saying talaq thrice over telephone from Dubai, a bench comprising Chief Justice T S Thakur and Justices A M Khanwilkar and D Y Chandrachud, issued notice to ministry of minority affairs and others.
The court tagged the petition, filed through advocate V K Biju, with a bunch of other pleas which are scheduled to come up for hearing on September 6.
Petitioner Ishrat Jahan has sought a declaration from the court that Section 2 of Muslim Personal Law (Shariat) Application Act, 1937 was unconstitutional as it violated fundamental rights guaranteed under Articles 14 (equality), 15 (non-discrimination), 21 (life) and 25 (religion) of the Constitution "in so far as it seeks to recognise and validate talaq-e-bidat as a valid form of divorce".
The apex court had taken suo motu cognizance of the question whether Muslim women faced gender discrimination in cases of divorce or due to other marriages of their husbands and urged Chief Justice of India to set up a bench to examine the issue.