Supreme Court of India · 1993-04-06
MAHARSHI AVADHESH vs UNION OF INDIA
- Citation / case number
- SC 1993/200292
- Court
- Supreme Court of India
- Petitioner
- MAHARSHI AVADHESH
- Respondent
- UNION OF INDIA
- Author
- K. JAYACHANDRA REDDY
- Bench
- K. JAYACHANDRA REDDY
Judgment text excerpt
The Supreme Court dismissed a petition under Article 32 of the Constitution seeking a writ of mandamus for enacting a common Civil Code and declaring the Muslim Women (Protection of Rights on Divorce) Act, 1986 void for violating Articles 14, 15, 44, 38, 39, and 39-A. The Court held that these issues are legislative matters and not within the judicial purview, emphasizing the separation of powers. Consequently, the petition was dismissed as the Court cannot legislate on such matters.