S. Saghir Ahmad, J. (concurring)- I pleasantly agree with the feedback indicated because of the my esteemed cousin, Sethi, J., regarding the erudite view served by your, whereby the latest writ petitions in addition to feedback petition are disposed of in the long run. We, although not, wish to create a nutshell out-of my own personal.
dos. Smt Sushmita Ghosh, who is the fresh new wife out of Shri G.C Ghosh (Mohd. Karim Ghazi) filed a beneficial writ petition [Writ Petition (C) No. 509 of 1992] within Judge stating that she is partnered so you’re able to Shri G.C Ghosh relative to Hindu rites on 10-5-1984 and because then they both was in fact happily traditions at the Delhi. The second sentences of writ petition, being associated for this situation, was cited lower than:
“fifteen. Respondent step 3 plus showed a certification given because of the office away from the newest Maulana Qari Mohammad Idris, Shahi Qazi dated 17-6-1992 certifying that Respondent step three got adopted Islam. Genuine copy of certification is actually annexed to the present petition and marked as the Annexure II.
16. That the petitioner contacted their own dad and you will brother and you will advised all of them about their particular husband’s sales and you will intent in order to remarry. All of them made an effort to encourage Respondent step three and you can speak him away of matrimony but so you can zero avail in which he insisted you to Sushmita must agree to a breakup if you don’t she’s going to need to put up with another spouse.
17. That it only for the intended purpose of re. He doesn’t knowledge this new Muslim rites since prescribed neither enjoys he altered their term otherwise religion or other specialized files.
18. She avers you to she’s been discriminated up against by that area of one’s Muslim personal law which is enforced because of the State action from the virtue of your own Muslim Private Law (Shariat) Work, 1937. It’s filed that instance step is contrary to Article 15(1) that will be unconstitutional.
Your petitioner claims their basic rights guaranteed from the Article 15(1) not to ever end up being discriminated facing on the floor out of religion and you can sex by yourself
19. Your knowledge of your matter is the fact Respondent 3 possess accompanied the newest Muslim religion and stay a become that religion toward best reason for having the next spouse which is forbidden purely according to the Hindu law. They you need hardly getting said that new told you conversion wasn’t a question of Respondent 3 that have trust on Muslim faith.
21 seksikäs tytöt opettaa Guyanese. One to before several years, it is quite common within Hindu men just who dont get a separation from their earliest wife, they convert to Muslim faith solely for the intended purpose of wedding. and you will continue its service and all sorts of most other organization within old title and you may faith.
That it practice are inevitably then followed from the men and women erring husbands whom embrace Islam for the true purpose of 2nd marriage however, once again getting reconverts so as to retain their liberties on the qualities etc
twenty two. 1079 out-of 1989 where which Hon’ble Legal has been pleased to help you know a comparable. Correct content of buy dated 23-4-1990 as well as the purchase admitting the fresh petition is annexed to your present petition and you may marked once the Annexure III (collectively).”
“(a) of the the ideal writ, buy or recommendations, ous marriage ceremonies of the Hindus and you may non-Hindus after conversion process so you’re able to Islam religion since the unlawful and you can gap;
(b) situation appropriate advice so you can Participants 1 and dos to undertake compatible amendments on Hindu Relationships Work to reduce and prohibit the technique of polygamy;
(c) topic compatible recommendations to declare that in which a low-Muslim male becomes changed into the brand new ‘Muslim’ trust without having any genuine changes out of religion and simply with a standpoint to get rid of an earlier marriage otherwise enter an effective next matrimony, people relationships entered toward by the him once transformation would-be void;
