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april 1993

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.

MAHARSHI AVADHESH vs UNION OF INDIA · Niyam