The All India Muslim Personal Law Board has addressed the Supreme Court opposing a claim that seeks “uniform grounds for divorce” for all citizens regardless of religion, sex or place of birth.
In its application, the law board said that personal laws do not fall within the scope of the “current laws” of article 13 of the Constitution.
The “expression and ‘Custom and use’ in article 13 of the Constitution does not include the faith of a religious denomination incorporated in personal laws” and, therefore, “all questions of faith that have a direct relationship with a denomination Religious are matters of the law cannot be proven on the anvil of Articles 14, 15, 21 and 44 of the Constitution of India, ”the statement said.
The Constituent Assembly, the plea said, was aware of the distinction between “personal right” and “custom and use” and deliberately chose to include only the latter in Article 13.
The application sought permission from the court to be part of the petition filed by attorney Ashwini Upadhyay.
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