SC TO HEAR PLEA ON DENIAL OF PROPERTY RIGHT TO J&K WOMAN

NEW DELHI: The Supreme Court on Friday agreed to hear a petition filed by a Jammu and Kashmir woman challenging certain provisions of the Constitution which deny property rights to a woman who marries a person from outside the state.

The provision which makes such woman from state lose property right also applies to her son’s right to acquire immovable property.

A bench comprising justices Dipak Misra and AM Khanwilkar directed additional solicitor general PS Narasimha, appearing for the Centre, to verify whether this matter involved a similar issue in which the chief justice has referred the case to a larger bench.

The bench was referring to a July 17 order passed by a bench headed by the Chief Justice of India JS Khehar, which referred a case challenging Article 35 A of the Constitution that provides special rights and privileges to the citizens of J&K to a threemember bench.

The SC on Friday directed the petitioner’s counsel to serve the copies of the petition to the Centre and other parties in the case and posted the matter for hearing to August 14.

The apex court was hearing a plea filed by one Dr Charu Wali Khanna challenging Article 35 A of the Constitution and Section 6 of the J&K Constitution which dealt with “permanent residents” of the state.