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AIMPLB opposes PIL on uniform ground of maintenance, alimony

It contended that there were multiple remedies available under already existing provisions of law for an aggrieved Muslim woman
Last Updated 14 February 2021, 15:16 IST

After opposing a plea for uniform grounds for divorce, the All India Muslim Personal Law Board has approached the Supreme Court to contest a PIL for uniform grounds of maintenance and alimony.

In an intervention application, the non-governmental organisation contended that there were multiple remedies available under already existing provisions of law for an aggrieved Muslim woman.

"There should be the right to choose the requisite remedy or to avail simultaneous remedies as per choice and need without being bound by a single applicable law," it said.

The plea said the petition filed by BJP leader and advocate Ashwini Kumar Upadhyay for uniform grounds of maintenance and alimony was not maintainable and should be dismissed with exemplary cost. Maintaining that personal law cannot be tested on the anvil of Articles 14, 15 and 21 of the Constitution, the applicant organisation said that there were comprehensive provisions under which protected interests of the Muslim wife or divorcee.

A Muslim woman can avail appropriate remedy under the Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 125 of the Criminal Procedure Code and the Protection of Women from Domestic Violence Act, it pointed out. Earlier, the AIMPLB has approached the top court to oppose a plea for uniform grounds for divorce for all citizens irrespective of their faith.

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(Published 14 February 2021, 15:16 IST)

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