S. Saghir Ahmad, J. (concurring)- We pleasantly https://kissbrides.com/no/hot-indonesiske-kvinner/ concur with the opinions indicated by the my personal esteemed aunt, Sethi, J., from the erudite view made by him, for which the new writ petitions in addition to remark petition are increasingly being thrown away ultimately. I, however, want to create a nutshell away from personal.
dos. Smt Sushmita Ghosh, who’s new wife out of Shri G.C Ghosh (Mohd. Karim Ghazi) registered an excellent writ petition [Writ Petition (C) Zero. 509 away from 1992] within Court saying that she is hitched in order to Shri G.C Ghosh relative to Hindu rites into the ten-5-1984 and because following both have been happily traditions on Delhi. The second paragraphs of your own writ petition, which can be related for it case, try cited lower than:
“fifteen. Respondent step three and demonstrated a certificate granted from the work environment from the new Maulana Qari Mohammad Idris, Shahi Qazi old 17-6-1992 certifying you to Respondent 3 got adopted Islam. Genuine copy of certification are annexed to the current petition and you may marked since the Annexure II.
sixteen. The petitioner contacted their unique dad and you can sister and you may informed all of them throughout the their unique husband’s transformation and you may intent to remarry. All of them tried to encourage Respondent 3 and chat your aside of one’s relationship however, in order to no get and he insisted one to Sushmita need certainly to agree to a split up otherwise she will must tolerate the next partner.
17. So it entirely for the true purpose of lso are. He will not teaching new Muslim rites since the given nor features he altered his label or religion or other specialized records.
18. She avers one to she’s got started discriminated facing because of the one part of one’s Muslim private law which is implemented from the Condition action of the advantage of Muslim Personal Laws (Shariat) Operate, 1937. It is submitted one such step was in comparison to Post 15(1) which can be unconstitutional.
Your petitioner asserts her practical liberties secured from the Post 15(1) to not ever end up being discriminated facing on to the floor off religion and you can sex by yourself
19. That knowledge of one’s count is the fact Respondent 3 has actually observed the newest Muslim religion and become a become one faith on the just aim of that have the next wife that is forbidden purely beneath the Hindu rules. They need scarcely end up being mentioned that the new said transformation wasn’t a point of Respondent step three that have trust on Muslim religion.
21. One before ten years, it has become quite common between the Hindu men just who don’t score a divorce case using their basic spouse, it become Muslim religion solely with regards to matrimony. and you can continue their provider and all other team in their dated identity and you can faith.
It behavior is invariably adopted from the those people erring husbands just who accept Islam with regards to 2nd marriage however, once again be reconverts so as to keep their legal rights in the attributes etcetera
twenty two. 1079 from 1989 in which that it Hon’ble Legal has been pleased to acknowledge the same. True copy of one’s acquisition dated 23-4-1990 in addition to buy admitting the latest petition was annexed on expose petition and you may marked since the Annexure III (collectively).”
“(a) from the the right writ, acquisition otherwise recommendations, ous marriages from the Hindus and non-Hindus after conversion so you’re able to Islam religion because the unlawful and you will void;
(b) thing compatible information so you’re able to Participants step 1 and you may 2 to address appropriate amendments throughout the Hindu Matrimony Operate in order to reduce and you can stop the technique of polygamy;
(c) thing compatible guidelines to state that where a non-Muslim male will get converted to the brand new ‘Muslim’ trust without the actual changes of belief and merely which have a viewpoint to quit a young wedding otherwise enter into a great second wedding, people matrimony inserted with the by your once transformation would be void;
