S. Saghir Ahmad, J. (concurring)- I respectfully concur with the feedback indicated by my important sister, Sethi, J., regarding erudite wisdom made by your, by which the fresh new writ petitions therefore the feedback petition are being discarded eventually. We, although not, wish to create a nutshell of my.
dos. Smt Sushmita Ghosh, who’s brand new spouse of Shri Grams.C Ghosh (Mohd. Karim Ghazi) submitted an effective writ petition [Writ Petition (C) No. 509 of 1992] inside Courtroom stating that she is partnered so you can Shri Grams.C Ghosh prior to Hindu rites towards the ten-5-1984 and since up coming both of them was joyfully lifestyle within Delhi. The following sentences of writ petition, which happen to be associated because of it case, is quoted lower than:
“15. Respondent step 3 including exhibited a certificate granted by the workplace off the fresh Maulana Qari Mohammad Idris, Shahi Qazi dated 17-6-1992 certifying you to Respondent step 3 got embraced Islam. Genuine copy of your certification is annexed to the present petition and you may designated because the Annexure II.
sixteen. Your petitioner contacted their unique dad and you may sibling and you can informed them from the their unique husband’s sales and https://kissbrides.com/fi/kuuma-romania-naiset/ purpose to remarry. They all made an effort to encourage Respondent step three and you will talk him out of relationships however, in order to no avail and then he insisted one Sushmita need invest in a divorce or separation otherwise she’ll need certainly to tolerate the second spouse.
17. So it solely with regards to re also. He does not training the new Muslim rites as recommended neither keeps the guy altered his term or religion and other authoritative data.
18. She avers you to definitely she’s got started discriminated up against from the you to definitely part of Muslim personal law which is implemented by the County step by virtue of the Muslim Private Laws (Shariat) Work, 1937. It is recorded that eg action was as opposed to Article fifteen(1) and that’s unconstitutional.
The petitioner claims their unique fundamental legal rights protected of the Blog post fifteen(1) not to ever be discriminated facing on the floor out-of religion and you will sex by yourself
19. That specifics of your matter is the fact Respondent step three keeps observed this new Muslim faith and become a become you to definitely faith towards only intent behind which have a second spouse that is forbidden purely beneath the Hindu laws. They you would like barely feel mentioned that the said conversion process wasn’t an issue of Respondent 3 having believe regarding the Muslim religion.
21. You to in past times 10 years, it’s become very common between your Hindu men exactly who you should never rating a divorce or separation using their first spouse, it become Muslim faith only for the true purpose of marriage. and you will continue the solution as well as other company inside their dated identity and you will faith.
That it practice is actually usually accompanied by the people erring husbands which accept Islam with regards to next wedding however, once again getting reconverts in order to maintain its rights in the properties etc
22. 1079 off 1989 in which that it Hon’ble Legal could have been happy so you can accept an equivalent. True content of the purchase old 23-4-1990 therefore the order admitting the latest petition was annexed to your establish petition and designated while the Annexure III (collectively).”
“(a) of the the right writ, buy otherwise advice, ous marriage ceremonies from the Hindus and you can low-Hindus shortly after sales to help you Islam faith as illegal and you may emptiness;
(b) issue suitable advice to Respondents 1 and you may dos to handle compatible amendments on Hindu Marriage Work to be able to curtail and you can stop the practice of polygamy;
(c) thing suitable assistance to state that in which a low-Muslim men gets changed into the brand new ‘Muslim’ faith without having any real alter of belief and just which have a view to get rid of a young relationships or enter good next relationship, one marriage registered towards the from the him just after sales would be void;
