SC declines hearing on PIL by lawyer against polygamy, asks him to pay pending cost first

The Supreme Court Friday declined to hear on priority a petition filed by an advocate against the practice of polygamy among Muslims, saying he should first deposit a fine that was due.

When the petition filed by Asok Pande came up for hearing, a bench headed by Justice Madan B Lokur reminded the advocate that he was imposed a cost of Rs 25,000 by the apex court recently for filing a plea and until he deposits that amount with the Supreme Court Legal Services Committee, his matter would not be heard.

A bench of the apex court had on October 22 dismissed a public interest litigation (PIL) filed by Pande and had imposed the cost on him for seeking a direction that legal marriageable age for men should be brought down from 21 to 18 years.

 

"Have you paid the cost," the bench, also comprising justices S A Nazeer and Deepak Gupta, asked the lawyer who said he would do it soon.

The bench then said, "We will hear you only after you deposit the cost imposed on you."

It also directed the apex court registry not to entertain any other petition filed by Pande until he pays the cost imposed by the October 22 order.

".... This court had imposed costs of Rs 25,000 on the petitioner by an order dated October 22, 2018. List this petition only after the costs are deposited. The registry is directed not to entertain any other petition until there is a proof of payment of costs," the bench said in its order.

In his fresh petition, Pande had alleged that permitting only the Muslims to perform polygamy was discrimination on the ground of religion.

The PIL has sought a direction to the Centre either to declare polygamy by any citizen of India as "void" and make it a punishable offence under section 494 of the Indian Penal Code (IPC) or permit all citizens to perform polygamy as per their wish.

Section 494 of the IPC deals with the offence of marrying again during lifetime of husband or wife and entails a punishment of up to seven years in jail and fine.