S. Saghir Ahmad, J. (concurring)- I respectfully concur with the viewpoints indicated by my personal esteemed sibling, Sethi, J., on erudite judgment prepared by him, which the latest writ petitions together with feedback petition are being discarded fundamentally. We, however, need to add a few words out-of personal.
dos. Smt Sushmita Ghosh, who’s brand new spouse out of Shri G.C Ghosh (Mohd. Karim Ghazi) submitted an effective writ petition [Writ Petition (C) Zero. 509 off 1992] in this Legal stating that she try partnered to Shri G.C Ghosh in line with Hindu rites into ten-5-1984 and because next they both have been gladly life from the Delhi. The next paragraphs of the writ petition, which happen to be relevant for this circumstances, is actually cited less than:
“fifteen. Respondent 3 along with showed a certificate granted because of the work environment away from the fresh new Maulana Qari Mohammad Idris, Shahi Qazi dated 17-6-1992 certifying you to Respondent step three got accepted Islam. True backup of one’s certificate is annexed to the current petition and you may noted as Annexure II.
16 Slovenia naiset. The petitioner contacted their unique dad and you may cousin and you can advised all of them regarding the their unique husband’s transformation and you may intent so you’re able to remarry. Each of them tried to encourage Respondent 3 and you can chat your out of the relationship but to zero avail in which he insisted you to definitely Sushmita need agree to a divorce case if you don’t she will must put up with next partner.
17. That it exclusively for the intended purpose of re. The guy does not knowledge brand new Muslim rites while the given neither keeps the guy changed his label or faith and other official records.
18. She avers you to definitely she’s got become discriminated against by one area of your Muslim individual law that is enforced from the County step by the advantage of your own Muslim Individual Laws (Shariat) Act, 1937. It’s submitted you to definitely like action are as opposed to Article 15(1) and that’s unconstitutional.
Your petitioner claims their own important rights secured by Post 15(1) not to ever getting discriminated against on the ground from faith and you can sex alone
19. That the truth of the count is that Respondent step 3 enjoys then followed the new Muslim religion and become a become that religion into just function of which have the second spouse that’s taboo strictly underneath the Hindu rules. They you want scarcely getting mentioned that the newest said conversion process was not a point of Respondent step 3 with faith regarding Muslim religion.
21. You to in earlier times 10 years, it’s become very common between the Hindu men whom do not rating a separation off their first spouse, they convert to Muslim religion entirely with regards to wedding. and you can keep its service as well as other company inside their dated label and you may religion.
This habit was inevitably then followed by the the individuals erring husbands just who accept Islam for the true purpose of 2nd matrimony however, once again getting reconverts to be able to preserve its liberties regarding the features etc
twenty two. 1079 out of 1989 in which that it Hon’ble Court could have been happy to acknowledge the same. Genuine content of purchase dated 23-4-1990 plus the acquisition admitting the brand new petition try annexed on expose petition and you will designated as the Annexure III (collectively).”
“(a) of the an appropriate writ, order otherwise direction, ous marriage ceremonies by Hindus and you will low-Hindus once sales so you’re able to Islam faith just like the illegal and you may emptiness;
(b) thing suitable information to help you Respondents step one and you may 2 to deal with appropriate amendments on Hindu Relationship Act so as to reduce and you will stop the practice of polygamy;
(c) situation compatible advice to declare that where a low-Muslim male will get converted to the brand new ‘Muslim’ trust without the actual change out-of religion and simply having a perspective to end a young relationships or go into an effective second marriage, any relationship joined to the from the him shortly after transformation was gap;