S. Saghir Ahmad, J. (concurring)- I respectfully buy into the feedback indicated by the my personal important sibling, Sethi, J., regarding erudite view made by him, where the fresh new writ petitions and comment petition are being discarded in the long run. We, although not, need to include a nutshell out-of my own.
2. Smt Sushmita Ghosh, who is new partner off Shri G.C Ghosh (Mohd. Karim Ghazi) filed a good writ petition [Writ Petition (C) No. 509 off 1992] contained in this Legal saying that she was partnered to help you Shri G.C Ghosh prior to Hindu rites towards ten-5-1984 and because then they both was indeed happily life from the Delhi. Next sentences of your own writ petition, being relevant for this circumstances, is cited below:
“15. Respondent 3 and showed a certificate awarded by workplace away from this new Maulana Qari Mohammad Idris, Shahi Qazi old 17-6-1992 certifying you to Respondent 3 got embraced Islam. Genuine backup of one’s certification is annexed to the present petition and you will marked just like the Annexure II.
16. That the petitioner contacted her dad and you can sis and told all of them on the their own husband’s transformation and you may intention to help you remarry. Each of them attempted to encourage Respondent step three and you may speak him aside of your relationships but to help you zero get and then he insisted one to Sushmita need to invest in a splitting up if not she’ll need certainly to tolerate another spouse.
17. Which exclusively for the intended purpose of re. He doesn’t knowledge the latest Muslim rites because given neither enjoys he altered their term otherwise religion or other formal data.
18. She avers one this lady has become discriminated up against by the that area of Muslim individual law that is enforced from the County step from the virtue of your own Muslim Individual Law (Shariat) Act, 1937. It’s filed one such as for example step are in contrast to Blog post 15(1) that’s unconstitutional.
Your petitioner claims her basic liberties protected from the Post 15(1) not to ever getting discriminated against on to the ground away from religion and you may sex by yourself
19. The knowledge of number would be the fact Respondent step three provides used brand new Muslim faith and be a convert to you to definitely faith on the just intent behind with an extra wife which is forbidden purely within the Hindu rules. It you would like barely end up being said that the newest said transformation was not a question of Respondent step 3 which have trust in the Muslim religion.
21. One to prior to now 10 years, it has become very common between the Hindu males exactly who never rating a breakup off their basic wife, they become Muslim religion solely for the true purpose of wedding. and you will remain its provider and all of other team inside their dated name and you can religion.
So it habit is actually invariably used from the those people erring husbands whom incorporate Islam with regards to second relationships but once again getting reconverts in order to preserve their liberties on the functions etcetera
twenty two. 1079 regarding 1989 in which it Hon’ble Judge has been pleased so you’re able to accept an identical https://kissbrides.com/no/hotte-sorkoreanske-kvinner/. True content of the order old 23-4-1990 together with acquisition admitting this new petition is annexed with the establish petition and noted since the Annexure III (collectively).”
“(a) of the a suitable writ, buy or assistance, ous marriages because of the Hindus and you can non-Hindus immediately following sales to help you Islam religion while the unlawful and you will gap;
(b) matter suitable advice in order to Participants 1 and you can 2 to handle compatible amendments from the Hindu Relationships Work to curtail and forbid the practice of polygamy;
(c) situation compatible direction to state that where a non-Muslim men will get transformed into new ‘Muslim’ trust with no real changes regarding trust and merely which have a viewpoint to end an early marriage otherwise enter an excellent second relationships, one wedding registered on from the him immediately following conversion will be gap;