S. Saghir Ahmad, J. (concurring)- I respectfully buy into the viewpoints indicated because of the my important sibling, Sethi, J., on erudite view made by him, wherein the new writ petitions additionally the remark petition are now being discarded ultimately. We, however, want to put a nutshell out-of my very own.
2. Smt Sushmita Ghosh, that is the latest spouse out of Shri G.C Ghosh (Mohd. Karim Ghazi) submitted a good writ petition [Writ Petition (C) Zero. 509 regarding 1992] within Courtroom stating that she was partnered so you can Shri Grams.C Ghosh according to Hindu rites towards the 10-5-1984 and since after that both of them have been cheerfully way of life on Delhi. The second sentences of your writ petition, being related for this case, try quoted below:
“fifteen. Respondent step 3 along with presented a certificate awarded of the work environment from the fresh Maulana Qari Mohammad Idris, Shahi Qazi dated 17-6-1992 certifying that Respondent 3 got embraced Islam. Real duplicate of certification is actually annexed to the current petition and you will designated because Annexure II.
16. That petitioner called their unique dad and sibling and you will informed them about their own partner’s https://kissbrides.com/fi/kuuma-belgia-naiset/ sales and purpose to help you remarry. Each of them attempted to convince Respondent 3 and you can cam him aside of your own marriage however, in order to zero get and then he insisted one Sushmita need certainly to invest in a splitting up otherwise she’s going to must tolerate the second wife.
17. It entirely for the true purpose of re. The guy doesn’t practise the fresh Muslim rites just like the prescribed neither have the guy changed their label or faith and other authoritative documents.
18. She avers one she’s started discriminated against by one to area of your own Muslim individual law that is enforced by the County step from the virtue of Muslim Private Legislation (Shariat) Work, 1937. It is submitted one for example step is as opposed to Article fifteen(1) that will be unconstitutional.
The petitioner claims their standard rights secured of the Post fifteen(1) to not ever become discriminated facing on the floor from religion and you may sex alone
19. That the insights of one’s amount is the fact Respondent 3 provides accompanied the Muslim faith and stay a convert to you to definitely faith into the best purpose of that have the next wife that’s taboo strictly underneath the Hindu rules. They you would like rarely become said that the latest told you sales was not a matter of Respondent step three which have trust on the Muslim faith.
21. That in earlier times decade, it has become quite common within Hindu men whom don’t rating a splitting up from their very first wife, it become Muslim faith solely for the purpose of matrimony. and you may continue its provider and all sorts of other organization within their dated name and you will religion.
That it habit was invariably followed by the men and women erring husbands which accept Islam for the true purpose of 2nd relationships however, once again getting reconverts so as to keep their legal rights regarding the features an such like
22. 1079 off 1989 in which which Hon’ble Legal has been pleased in order to know a similar. Real content of your acquisition old 23-4-1990 in addition to order admitting new petition is annexed into the establish petition and you may noted since the Annexure III (collectively).”
“(a) because of the a suitable writ, buy or guidance, ous marriage ceremonies from the Hindus and non-Hindus immediately after conversion to Islam faith because illegal and you can emptiness;
(b) material compatible rules to help you Respondents step one and you will dos to control suitable amendments throughout the Hindu Matrimony Work so as to curtail and forbid the practice of polygamy;
(c) material compatible guidelines to declare that in which a low-Muslim male will get changed into the fresh ‘Muslim’ faith with no actual alter out of belief and simply with a viewpoint to eliminate an early on wedding or get into an excellent 2nd relationship, any wedding entered on because of the him after transformation would-be emptiness;