S. Saghir Ahmad, J. (concurring)- I pleasantly agree with the viewpoints shown from the my personal important sibling, Sethi, J., from the erudite judgment served by him, whereby the brand new writ petitions and opinion petition are increasingly being thrown away finally. We, however, need to put a nutshell of my own.
dos. Smt Sushmita Ghosh, that is the brand new partner out-of Shri G.C Ghosh (Mohd. Karim Ghazi) registered a writ petition [Writ Petition (C) No. 509 out-of 1992] inside Legal saying that she is actually hitched so you can Shri G.C Ghosh prior to Hindu rites for the 10-5-1984 and since following they both was cheerfully traditions on Delhi. The following paragraphs of your own writ petition, which can be related for it instance, is actually cited lower than:
“fifteen. Respondent step 3 together with demonstrated a certification approved from the work environment of brand new Maulana Qari Mohammad Idris, Shahi Qazi old 17-6-1992 certifying you to definitely Respondent step three got accepted Islam. Real backup of your certificate was annexed to the present petition and you may marked because Annexure II.
16. That the petitioner called their own dad and you may brother and you can told all of them in the their partner’s conversion and you can purpose to help you remarry. All of them tried to encourage Respondent 3 and cam your aside of your relationship however, so you can zero avail and then he insisted you to Sushmita have to invest in a separation if you don’t she’ll must put up with the next wife.
17. It only with regards to re also. The guy will not practise new Muslim rites because recommended nor provides he changed his identity otherwise religion and other formal records.
18. She avers one to she’s got come discriminated up against from the one part of the Muslim individual laws that is implemented by the County step from the advantage of one’s Muslim Personal Legislation (Shariat) Work, 1937. It’s filed you to such as for example action is as opposed to Post fifteen(1) that is unconstitutional.
That the petitioner claims their important rights guaranteed by the Post fifteen(1) never to end up being discriminated up against on to the floor out-of religion and you will sex alone
19. The information of count would be the fact Respondent step 3 have adopted the fresh new Muslim faith and become a become one faith to your best function of which have a second wife which is forbidden purely within the Hindu law. It you prefer hardly be asserted that the newest said conversion was not a matter of Respondent 3 with trust in the Muslim faith.
21. One to in past times several years, it’s become common between your Hindu males which cannot score a separation using their very first partner, they convert to Muslim religion entirely for the true purpose of wedding. and you will continue its solution and all of almost every other team within old label and you can faith.
That it behavior try inevitably followed by the the individuals erring husbands which embrace Islam for the purpose of second marriage but once more be reconverts to be able to retain Siperian kauniita naisia the legal rights regarding the functions an such like
twenty-two. 1079 from 1989 in which which Hon’ble Courtroom could have been delighted so you can know the same. True duplicate of one’s order dated 23-4-1990 and also the acquisition admitting the brand new petition are annexed on the introduce petition and you can marked as the Annexure III (collectively).”
“(a) because of the the ideal writ, buy or guidelines, ous marriages of the Hindus and you may non-Hindus just after conversion to Islam faith since the unlawful and you may void;
(b) matter compatible advice so you’re able to Respondents step one and you can 2 to look at suitable amendments regarding the Hindu Relationships Operate in order to curtail and stop the practice of polygamy;
(c) question suitable recommendations to say that where a low-Muslim male gets changed into the ‘Muslim’ believe with no genuine alter out of faith and just having a standpoint to stop an early on wedding or enter a beneficial 2nd matrimony, people matrimony registered toward because of the him immediately following transformation would-be emptiness;