S. Saghir Ahmad, J. (concurring)- I pleasantly buy into the viewpoints expressed because of the my esteemed sister, Sethi, J., about erudite view prepared by your, wherein the new writ petitions plus the feedback petition are now being disposed of eventually. We, however, wish to include a nutshell off my.
dos. Smt Sushmita Ghosh, who is new spouse out of Shri Grams.C Ghosh (Mohd. Karim Ghazi) filed an excellent writ petition [Writ Petition (C) Zero. 509 from 1992] in this Court stating that she was partnered to help you Shri G.C Ghosh according to Hindu rites with the 10-5-1984 and since then both was cheerfully living on Delhi. The second paragraphs of the writ petition, that are related for this situation, is quoted less than:
“fifteen. Respondent step 3 including demonstrated a certificate awarded by the work environment of brand new Maulana Qari Mohammad Idris, Shahi Qazi old 17-6-1992 certifying you to definitely Respondent step 3 got welcomed Islam. Genuine copy of one’s certification is actually annexed to the current petition and you will designated since Annexure II.
16. Your petitioner contacted their father and you may sister and you may informed them on their particular partner’s conversion and intent in order to remarry. All of them tried to encourage Respondent step three and you may chat your out of your own wedding however, to zero get and then he insisted that Sushmita have to invest in a breakup if not she’s going to need to put up with the second wife.
17. Which solely for the purpose of re also. The guy does not exercises this new Muslim rites because given nor possess he altered their term otherwise religion or other certified data.
18. She avers one she has already been discriminated facing by one part of Muslim private law that is implemented by County step of the virtue of Muslim Individual Laws (Shariat) https://kissbrides.com/fi/skotlantilaiset-naiset/ Operate, 1937. It’s filed you to definitely such step was contrary to Blog post 15(1) and that is unconstitutional.
The petitioner asserts their own practical liberties protected of the Post 15(1) not to ever getting discriminated facing on to the floor off religion and you will sex by yourself
19. That information of your own count would be the fact Respondent 3 possess implemented the brand new Muslim religion and become a become that religion towards the sole purpose of that have an extra spouse that’s taboo strictly underneath the Hindu laws. They you want rarely getting asserted that this new told you conversion process wasn’t an issue of Respondent step three with trust regarding Muslim religion.
21. One in past times several years, it’s become very common involving the Hindu men which try not to score a divorce or separation using their earliest spouse, it become Muslim religion entirely with regards to relationships. and remain their provider and all sorts of most other providers within their dated term and you can faith.
So it habit try inevitably implemented from the men and women erring husbands whom accept Islam with regards to second relationship but once more getting reconverts to be able to maintain their legal rights in the qualities etcetera
twenty-two. 1079 out-of 1989 in which that it Hon’ble Courtroom could have been delighted so you can accept the same. True backup of your acquisition old 23-4-1990 in addition to purchase admitting new petition try annexed towards the establish petition and you may designated given that Annexure III (collectively).”
“(a) of the an appropriate writ, buy or recommendations, ous marriages of the Hindus and non-Hindus immediately following sales to help you Islam faith while the illegal and you may gap;
(b) thing suitable directions in order to Respondents 1 and you will 2 to look at compatible amendments on Hindu Relationship Operate to reduce and you will prohibit the practice of polygamy;
(c) procedure suitable assistance to say that where a low-Muslim male becomes converted to the latest ‘Muslim’ trust without any genuine transform out-of religion and just that have a view to stop a young relationship or enter an effective 2nd marriage, one matrimony entered towards the by the him immediately following conversion will be emptiness;
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