Today, the Chief Justice of India DY Chandrachud held that soon the Court will Constitute a Constitutional Bench to hear the petition challenging the practice of Bigamy in the Muslim Community. Advocate Ashwini Upadhyay filed a petition before the bench of DY Chandrachud and Justices PS Narasimha and JB Pardiwala.

Advocate Upadhyay in his plea mentioned that the practice of bigamy is unconstitutional and opposed to equality. 

He further states that it cannot be allowed for one religious particular community. 

The petition prays that Section 494 of Indian Penal Code (IPC) and Section 2 of Muslim Personal Law (Shariat) Application Act,1937, both of which enable Muslim men to take more than one wife, be declared unconstitutional.

Section 494 of IPC provides that,

"Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine."

The petitioners pray that words ‘in any case in which such marriage is void by reasons of its taking place’ occurring in Section 494 of IPC be struck down.

"Penal action cannot be differentiated on the basis of religious practice and penal law has to be made applicable uniformly having no relation with personal law applicable to the offender," the petition states.