Reddy, K. Jayachandra (J)
1. This is a petition by a party in person under Article 32 of the Constitution. The prayers are two-fold. The first prayer is to issue a writ of mandamus to the respondents to consider the question of enacting a common Civil Code for all citizens of India. The second prayer is declare Muslim Women (Protection of Rights on Divorce) Act, 1986 as void being arbitrary and discriminatory and in violation of Articles 14 and 15 Fundamental Rights and Articles 44, 38, 39 and 39-A of the Constitution of India. The third prayer is to direct the respondents not to enact Shariat Act in respect of those adversely affecting the dignity and rights of Muslim women and against their protection. These are all matters for legislature.
2. The Court cannot legislate in these matters. The writ petition is dismissed.
Maharshi Avadhesh v. Union Of India
Maharshi Avadhesh v. Union Of India
(Supreme Court Of India)
Writ Petition (Crl.) No. 84 of 1993 | 06-04-1993
Advocate List
Bench
- HON'BLE JUSTICE G. N. RAY
- HON'BLE JUSTICE K. JAYACHANDRA REDDY
Eq Citations
- (1994) SUPPL. 1 SCC 713
- LQ/SC/1993/342
Head Note
Fundamental Rights — Right to Equality — Uniform Civil Code — Petitioner praying for issuance of writ of mandamus to respondents to consider question of enacting a common civil code for all citizens of India — Held, it is a matter for legislature and not for courts to decide — Constitution of India, Art. 44
