Central government to Supreme Court: Bring uniform laws for inheritance, maintenance, divorce, and guardianship

Bench: Chief Justice of India (CJI) DY Chandrachud, and Justices PS Narasimha and JB Pardiwala

A petition seeking uniform laws for inheritance, maintenance, divorce, and guardianship was opposed by the Central Government on Friday. 
KM Nataraj, Additional Solicitor General (ASG) of the government before the Apex Court, argued that the petitions raise legislative issues.

Huzefa Ahmadi, representing a Muslim woman, said she was against uniform marriage and divorce laws since Muslim law assures a divorce when both parties consent.
 
According to advocate Ashwini Upadhyay, one of the petitioners, a directive should be issued to the Law Commission of India to deliberate on the matter and submit a report.

However, the SC asked,
"Our direction to the law commission has to be in aid of something. The aid of parliament since there is parliamentary sovereignty. Can the court direct the parliament to enact a law ?"

In the recent past, the Kerala High Court called for a uniform code for marriage and divorce in the country. It has emphasized the need to establish legal safeguards to protect the spouse who files for divorce and believes that a common marriage code is needed first.