Is polygamy, nikah halala more important than Ayodhya- Babri Masjid

New Delhi, April 6: The Supreme Court was on Friday asked if Ayodhya title issue was less important than the issue of polygamy, nikah halala, nikah mutah and nikah misyar amongst the Muslim community for the top court not referring the earlier matter for adjudication by a give judge constitution bench.

Raising the issue before the bench of Chief Justice Deepak Misra, Justice Ashok Bhusan and Justice S. Abdul Nazeer, senior counsel Rajiv Dhawan cited the top court order of March 26 where appreciating the "importance of issue" involving challenge to polygamy and nikah halala, the court had referred the matter to a five judge constitution bench.

Appearing for the heir of a Muslim petitioner in Ayodhya title dispute, he asked the bench whether polygamy and nikah halala were more important than Ayodhya dispute so as to be adjudicated by a five judge constitution bench.

"If the court has one criteria on the importance of an issue to be referred to the constitution bench, then why not same criteria for this (Ayodhya) issue", Dhavan told the bench pointing out that Ayodhya is "the most important issue facing Indian secularism than polygamy and nikah halala".