Bengaluru3 hours ago
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This comment was made by a single judge bench of Justice Hanchate Sanjeev Kumar in a family property dispute.
The Karnataka High Court on Saturday said that it is very important to implement the Uniform Civil Code (UCC) in the country. This will give all citizens (especially women) equal rights. The court has appealed to the Central and State Governments to jointly enact such a law.
This comment was made by a single judge bench of Justice Hanchate Sanjeev Kumar in a family property dispute. The case was about the partition of her property after the death of Muslim woman Shahnaz Begum, in which there was a dispute between her siblings and husband.
The court questioned the Muslim personal law on the pretext of this case and said that this law discriminates against women.
Concern expressed over the difference between Muslim and Hindu personal law
The court said that in Hindu law, daughters have the right to equalize ancestral property, while in the Muslim law, brother is considered to be the main stakeholder and sister is less stakeholder, giving the sisters less share. The court said that this inequality is against Article 14 (right to equality) of the Constitution.
Example of Goa and Uttarakhand
The court said that states like Goa and Uttarakhand have already moved towards UCC. Because of this, now the Center and other states should also work in this direction. The court has directed to send a copy of its decision to the Center and the Law Secretaries of the Government of Karnataka.
The Uniform Civil Code (UCC) was implemented in Uttarakhand on 27 January. CM Pushkar Singh Dhami announced this at the Chief Minister’s residence.
Constitution makers were also in favor of UCC
Justice Kumar, in his judgment, cited the speeches of leaders like Dr. BR Ambedkar, Sardar Patel, Dr. Rajendra Prasad, stating that they were all in favor of a uniform civil code. He believed that there should be similar civil laws in the country, which would promote national unity and social equality.
What was the decision of the court?
After the death of Shahnaz Begum, there was a dispute between his brother, sister and husband over his two properties. Brothers and sisters claimed that these properties have been bought by Shahnaz from their earnings, due to which everyone should get equal share. But the husband said that both the properties were bought together, so they should get a large part.
The court, after examining the facts, admitted that the assets were purchased from the shared earnings of the husband and wife, even though she was only in the name of the wife. On this basis, the High Court, while giving the verdict, gave the two brothers 1/10th in both the properties. The sister was given the 1/20th part and the husband got 3/4.
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Uttarakhand: 2 months of UCC, problems in law: employees, lawyers landed in protest, live-in people also upset
The Uniform Civil Code (UCC) came into force in Uttarakhand two months ago. It is also the first state to do so. But, now many of its provisions are causing practical problems before the state government. The biggest problem is that of 2.5 lakh government employees. Under the government order, it has been made mandatory for all employees to register their marriage on the UCC portal. Read full news …