While holding the legislation to be ultra vires, the Division, led by Justice Vivek Chaudhary and Justice Subhash Vidyarthi, also instructed the Uttar Pradesh government to devise a plan to accommodate students currently enrolled in madrasas in the formal education system.
Under the Sharia Law, a Muslim woman in marriage with a Muslim man cannot go into a live-in relationship with anyone else unless she gets a divorce from her first marriage. However, a Muslim man can have four marriages at a time.
A bench of justices Sanjiv Khanna and Dipankar Datta adjourned the hearing for April and directed the parties concerned to complete pleadings and file written submissions.
In his appeal, Ashish Kumar claimed that he had been in a relationship with the detenue since 2011. It was also alleged that, despite the couple's desire to marry, the woman's family opposed the union, thus she was forced to stay at home and forbidden from meeting Kumar.
Allahabad High Court upheld NSA against accused in Ramcharitmanas burning case. The court added that the anger generated due to their actions was natural, hence invoking the NSA was justified.