S. Saghir Ahmad, J. (concurring)- I respectfully agree with the opinions shown by my important brother, Sethi, J., on the erudite judgment prepared by him, for which the writ petitions therefore the feedback petition are thrown away ultimately. I, however, want to add a nutshell from my personal.
dos. Smt Sushmita Ghosh, that is the partner regarding Shri G.C Ghosh (Mohd. Karim Ghazi) registered an excellent writ petition [Writ Petition (C) Zero. 509 regarding 1992] within this Judge proclaiming that she try hitched to help you Shri Grams.C Ghosh prior to Hindu rites into ten-5-1984 and because then they both had been happily traditions on Delhi. Next paragraphs of your own writ petition, that are related because of it instance, is actually cited below:
“fifteen. Respondent step three as well as exhibited a certificate given by place of work from the fresh Maulana Qari Mohammad Idris, Shahi Qazi dated 17-6-1992 certifying that Respondent step 3 got adopted Islam. Real copy of one’s certification was annexed to the present petition and you may noted while the Annexure II.
sixteen. Your petitioner called her dad and sibling and you can advised all of them on the her partner’s sales and you may intent to remarry. All of them made an effort to persuade Respondent step three and chat your out of your own relationship but in order to zero avail in which he insisted one to Sushmita need invest in a divorce proceedings or even she’ll must endure the second spouse.
17. That it exclusively for the true purpose of re also. The guy doesn’t knowledge new Muslim rites as prescribed neither provides the guy changed their term or religion or other formal documents.
18. She avers you to definitely she’s been discriminated up against of the you to definitely region of your own Muslim personal law that is implemented because of the County step of the virtue of Muslim Individual Law (Shariat) Operate, 1937. It is recorded you to including step is actually contrary to Post fifteen(1) which is unconstitutional.
That the petitioner claims her important legal rights protected of the Blog post fifteen(1) never to be discriminated facing on the floor of faith and you will sex alone
19. The truth of your matter would be the fact Respondent step 3 possess adopted the fresh new Muslim faith and start to become a become you to faith towards just purpose of that have a second partner that’s taboo purely beneath the Hindu law. It you desire rarely become mentioned that this new said conversion process wasn’t a point of Respondent 3 with faith from the Muslim religion.
21. You to in past times years, it’s become quite common within Hindu guys who dont score a separation and divorce from their very first wife, it convert to Muslim religion only with regards to matrimony. and you may remain the solution and all most other business within dated identity and you may faith.
This practice are inevitably adopted by the those individuals erring husbands who accept Islam for the intended purpose of 2nd matrimony however, once again end up being reconverts to be able to preserve the legal rights jente sexy Spania in the features an such like
twenty-two. 1079 from 1989 in which that it Hon’ble Judge has been delighted so you’re able to know an equivalent. Real backup of the buy dated 23-4-1990 additionally the purchase admitting the fresh petition is annexed on the expose petition and you can designated because Annexure III (collectively).”
“(a) because of the the ideal writ, order otherwise guidance, ous marriage ceremonies because of the Hindus and you may non-Hindus immediately following transformation to Islam faith because the illegal and you may emptiness;
(b) situation appropriate rules so you’re able to Participants 1 and you may dos to handle appropriate amendments about Hindu Relationships Operate so as to curtail and forbid the technique of polygamy;
(c) point compatible guidelines to declare that where a non-Muslim men gets transformed into the newest ‘Muslim’ believe without having any real change off trust and just which have a view to end a young relationships or get into a good next matrimony, any wedding inserted towards the from the your just after transformation was gap;