S. Saghir Ahmad, J. (concurring)- We respectfully concur with the feedback conveyed because of the my personal esteemed sibling, Sethi, J., from the erudite wisdom served by him, in which the fresh new writ petitions and also the review petition are being disposed of finally. I, but not, need to add a few words from my own.
2. Smt Sushmita Ghosh, who’s the spouse regarding Shri Grams.C Ghosh (Mohd. Karim Ghazi) submitted an excellent writ petition [Writ Petition (C) No. 509 regarding 1992] within Judge stating that she is actually hitched so you can Shri Grams.C Ghosh prior to Hindu rites on ten-5-1984 and because then both of them had been gladly way of living on Delhi. Next sentences of the writ petition, being related for it instance, are quoted less than:
“15. Respondent step 3 along with showed a certification issued because of the office of brand new Maulana Qari Mohammad Idris, Shahi Qazi old 17-6-1992 certifying one Respondent 3 had welcomed Islam. Correct copy of your certification is annexed to the present petition and marked due to the fact Annexure II.
sixteen. Your petitioner called their unique dad and you can sis and you may informed all of them regarding the their particular partner’s conversion and you can purpose so you’re able to remarry. All of them made an effort to encourage Respondent 3 and you can talk him away of one’s marriage however, so you can zero get and then he insisted you to Sushmita need commit to a splitting up if not she will have to tolerate next spouse.
17. That it solely for the true purpose of re. He cannot practise the newest Muslim rites as the prescribed nor provides the guy altered his label otherwise faith or other official documents.
18. She avers one to she has come discriminated up against of the you to part of one’s Muslim individual rules that is enforced by County step from the advantage of your Muslim Personal Legislation (Shariat) Operate, 1937. It is submitted one to such as for example step is actually contrary to Article fifteen(1) and that is unconstitutional.
The petitioner claims her simple rights protected because of the Post fifteen(1) never to feel discriminated facing on to the floor off religion and you can sex by yourself
19. That facts of matter would be the fact Respondent 3 possess accompanied the latest Muslim faith and become a become one faith on paina tätä linkkiä best reason for that have an additional wife that is taboo purely beneath the Hindu laws. It you prefer rarely become mentioned that the said conversion was not an issue of Respondent step three with faith regarding the Muslim faith.
21. You to prior to now ten years, it has become quite common between your Hindu males exactly who do not rating a divorce proceedings using their basic spouse, it become Muslim religion only for the true purpose of matrimony. and remain its solution and all of other providers in their old label and you will faith.
Which behavior was usually observed because of the those erring husbands just who embrace Islam for the true purpose of next relationships however, once again feel reconverts to hold their rights on the attributes etc
twenty two. 1079 away from 1989 where this Hon’ble Judge might have been pleased so you’re able to admit the same. True content of your own buy dated 23-4-1990 while the order admitting brand new petition is actually annexed into the introduce petition and you can noted because Annexure III (collectively).”
“(a) from the a suitable writ, buy or guidelines, ous marriage ceremonies because of the Hindus and you can low-Hindus once transformation to help you Islam religion given that unlawful and void;
(b) issue suitable tips in order to Respondents 1 and you will 2 to control suitable amendments in the Hindu Relationships Act to reduce and you may prohibit the practice of polygamy;
(c) issue appropriate assistance to declare that where a non-Muslim men will get converted to the newest ‘Muslim’ believe without any real change of religion and simply which have a standpoint to cease an early wedding or enter a great next marriage, one relationship inserted to your of the him just after transformation might be emptiness;
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