SC seeks Centre's reply on pleas for uniform grounds to regulate marriage, divorce, alimony

The plea sought removal of discriminatory procedure prevailing in different communities

The Supreme Court on Monday asked the Union government to file a reply to batch of PILs, including by advocate and BJP leader Ashwini Kumar Upadhyay, for uniform grounds to regulate marriage, divorce and alimony.

A bench of Chief Justice U U Lalit and Justice S Ravindra Bhat sought a detailed response from the Centre on four PILs by Upadhyay and one each by Lubna Qureshi and Doris Mortin.

Solicitor General Tushar Mehta, appearing for the Centre, sought time to file the response.

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The bench, which also wondered if mandamus can be issued to the legislature, was also informed by an intervenor that identical pleas were earlier rejected by the court.

Upadhyay, on his part, clarified his earlier plea was related to the Uniform Civil Code which was withdrawn to make a representation to the Law Commission.

The plea sought uniform grounds for divorce, alimony and maintenance and remove discriminatory procedure prevailing in different communities for being violative of fundamental rights to equality.

It contended minimum marriage age, grounds of divorce, custody, guardianship, adoption, maintenance, succession and inheritance, are the secular activities.

Therefore, it is duty of the State to ensure that men and women have uniform age of marriage, grounds of divorce, maintenance and alimony, succession and inheritance, adoption and guardianship in spirit of Articles 14, 15, 21 of the Constitution and International Conventions, the plea stated.