S. Saghir Ahmad, J. (concurring)- We pleasantly buy into the opinions expressed by my esteemed sibling, Sethi, J., regarding erudite view prepared by your, whereby the brand new writ petitions and feedback petition are being discarded eventually. I, however, want to add a few words away from my personal.
dos. Smt Sushmita Ghosh, that is the latest partner from Shri Grams.C Ghosh (Mohd. Karim Ghazi) submitted a good writ petition [Writ Petition (C) No. 509 away from 1992] in this Court stating that she is actually hitched so you can Shri G.C Ghosh relative to Hindu rites to your ten-5-1984 and since following they both was happily way of life in the Delhi. Another sentences of one’s writ petition, which are related because of it case, is quoted below:
“15. Respondent step three and exhibited a certificate granted by the work environment regarding the fresh Maulana Qari Mohammad Idris, Shahi Qazi old 17-6-1992 certifying one Respondent step three had welcomed Islam. Genuine copy of one’s certification are annexed to the current petition and you will noted since Annexure II.
16. That the petitioner called their father and you will sibling and you can told them on the their husband’s sales and you may intent so you can remarry. All of them tried to convince Respondent step 3 and you may speak your out of your own relationship but to zero get and then he insisted one Sushmita need invest in a separation and divorce if not she’ll need certainly to endure the second wife.
17. So it entirely for the purpose of re. He doesn’t knowledge new Muslim rites since recommended nor enjoys he changed their title or religion and other formal records.
18. She avers one to she’s become discriminated facing from the one to part of Muslim personal rules which is enforced from the State action by virtue of one’s Muslim Personal Legislation (Shariat) Work, 1937. It’s filed you to definitely such step is contrary to Article fifteen(1) which will be unconstitutional.
That petitioner asserts their unique practical rights protected because of the Post fifteen(1) to not getting discriminated facing on to the ground of religion and you may sex alone
19. Your facts of the amount is that Respondent step 3 features used the fresh Muslim religion and be a become you to definitely faith with the just function of that have a moment partner that’s forbidden strictly in Hindu law. It https://kissbrides.com/no/jswipe-anmeldelse/ you want rarely getting said that the said conversion process was not a question of Respondent step 3 that have believe from the Muslim religion.
21. One to previously several years, it is quite common between the Hindu men whom don’t get a split up using their very first spouse, they convert to Muslim faith only for the true purpose of relationships. and you can continue the service and all sorts of most other business inside their dated term and you will faith.
Which routine was usually followed from the people erring husbands who incorporate Islam for the intended purpose of 2nd relationship but once again end up being reconverts to be able to preserve its rights regarding the features etcetera
twenty two. 1079 out of 1989 in which so it Hon’ble Courtroom has been happier so you can acknowledge an equivalent. Genuine duplicate of your own order dated 23-4-1990 and also the purchase admitting the fresh new petition is annexed toward introduce petition and you may noted as the Annexure III (collectively).”
“(a) because of the the ideal writ, order otherwise advice, ous marriage ceremonies of the Hindus and low-Hindus just after conversion process so you’re able to Islam religion since illegal and void;
(b) point suitable directions so you can Participants 1 and you will dos to undertake compatible amendments about Hindu Wedding Act in order to curtail and you can stop the practice of polygamy;
(c) question appropriate guidance to state that in which a low-Muslim men becomes transformed into the fresh ‘Muslim’ trust without having any genuine alter from trust and just having a standpoint to stop a young marriage or enter good next marriage, any wedding entered for the of the your immediately after conversion process would be void;
