S. Saghir Ahmad, J. (concurring)- We pleasantly buy into the views conveyed by the my important sis, Sethi, J., in the erudite wisdom made by him, whereby the fresh new writ petitions in addition to comment petition are now being https://kissbrides.com/fi/blogi/romanian-treffisivustot-ja-sovellukset/ discarded fundamentally. We, but not, need to add a nutshell of my personal.

dos. Smt Sushmita Ghosh, that is this new spouse regarding Shri G.C Ghosh (Mohd. Karim Ghazi) recorded an excellent writ petition [Writ Petition (C) No. 509 away from 1992] contained in this Judge saying that she are married so you’re able to Shri Grams.C Ghosh relative to Hindu rites for the ten-5-1984 and since upcoming they both was happily life in the Delhi. The following sentences of writ petition, which are related for it situation, was quoted less than:

“15. Respondent 3 as well as exhibited a certificate granted from the office out of new Maulana Qari Mohammad Idris, Shahi Qazi dated 17-6-1992 certifying one Respondent step 3 got welcomed Islam. Correct copy of your certification are annexed to the current petition and designated while the Annexure II.

sixteen. Your petitioner contacted their father and you may sibling and advised them throughout the her husband’s sales and you will intention to help you remarry. They all tried to persuade Respondent 3 and you may speak him aside of one’s relationships but to zero avail and he insisted one to Sushmita need certainly to agree to a separation and divorce otherwise she will need endure the following partner.

17. This only for the purpose of lso are. The guy doesn’t exercises the Muslim rites while the prescribed neither keeps he changed his label or religion or any other specialized documents.

18. She avers you to definitely she’s become discriminated up against because of the that region of your Muslim personal legislation that is enforced from the County action of the advantage of the Muslim Individual Laws (Shariat) Work, 1937. It’s filed one to such as for instance step was in comparison to Post 15(1) and that’s unconstitutional.

Your petitioner asserts their standard legal rights protected by Blog post 15(1) never to getting discriminated up against on to the ground from religion and sex alone

19. That specifics of one’s matter would be the fact Respondent 3 has actually then followed the newest Muslim faith and stay a become you to religion on best function of with one minute partner that’s taboo strictly underneath the Hindu laws. It you desire rarely end up being said that the newest told you conversion process was not a point of Respondent 3 having believe on the Muslim religion.

21. You to in past times 10 years, it’s become quite common within Hindu men who cannot rating a separation and divorce off their very first partner, it convert to Muslim religion solely for the true purpose of relationship. and you will keep their service and all of most other company inside their old name and you can faith.

So it behavior is actually inevitably followed from the men and women erring husbands exactly who incorporate Islam with regards to next relationships but once again feel reconverts so as to keep the legal rights regarding properties etc

twenty two. 1079 out of 1989 in which this Hon’ble Court could have been delighted so you’re able to acknowledge an equivalent. Real duplicate of your order dated 23-4-1990 therefore the purchase admitting new petition is actually annexed for the establish petition and marked given that Annexure III (collectively).”

“(a) because of the a suitable writ, acquisition or guidelines, ous marriages by Hindus and you will low-Hindus immediately after transformation to Islam faith because the illegal and you may void;

(b) matter compatible information to help you Respondents step one and dos to undertake appropriate amendments on Hindu Matrimony Operate to be able to curtail and you may prohibit the technique of polygamy;

(c) matter appropriate recommendations to say that where a non-Muslim men becomes changed into this new ‘Muslim’ believe without any real alter off belief and simply with a standpoint to prevent an early on relationship or get into a good second relationships, one relationships inserted to the from the him once transformation might be emptiness;