S. Saghir Ahmad, J. (concurring)- I pleasantly buy into the viewpoints expressed of the my important sis, Sethi, J., on the erudite wisdom made by him, whereby the new writ petitions and opinion petition are discarded eventually. I, although not, wish to incorporate a nutshell of my own personal.
dos. Smt Sushmita Ghosh, that is the newest spouse away from Shri G.C Ghosh (Mohd. Karim Ghazi) submitted an excellent writ petition [Writ Petition (C) No. 509 away from 1992] within Judge saying that she is actually married in order to Shri G.C Ghosh prior to Hindu rites towards the ten-5-1984 and since upcoming both of them was basically happily life from the Delhi. The next paragraphs of the writ petition, which happen to be related because of it case, was cited below:
“fifteen. Respondent step three and showed a certificate approved by the workplace away from new Maulana Qari Mohammad Idris, Shahi Qazi dated 17-6-1992 certifying you to Respondent step three had welcomed Islam. Genuine content of your own certification is annexed to the present petition and you can noted once the Annexure II.
16. The petitioner called her dad and aunt and you may told all of them regarding their unique partner’s conversion process and intent to help you remarry. All of them made an effort to persuade Respondent step 3 and talk him aside of your own relationship but so you can zero avail and then he insisted one to Sushmita have to invest in a splitting up if you don’t she’ll need endure the second partner.
17. That it only with regards to lso are. The guy doesn’t knowledge this new Muslim rites since prescribed nor features the guy altered their term otherwise faith or other authoritative data.
18. She avers you to she’s got come discriminated facing by that area of your Muslim personal laws that is implemented of the County action of the virtue of Muslim Personal Laws (Shariat) Work, 1937. It’s filed you to definitely for example step was in contrast to Article 15(1) which is unconstitutional.
The petitioner claims their practical rights guaranteed from the Post 15(1) to not ever become discriminated up against on the ground regarding faith and sex by yourself
19. Your truth of amount would be the fact Respondent step three keeps accompanied the Skotlannin naisten avioliitto fresh new Muslim faith and be a convert to you to faith towards best function of that have a second wife which is forbidden strictly beneath the Hindu laws. They you want rarely be mentioned that the fresh new said conversion process wasn’t a point of Respondent step 3 with trust regarding Muslim religion.
21. You to definitely in the past several years, it’s become very common within Hindu men who do not rating a divorce or separation off their very first spouse, they convert to Muslim religion entirely for the true purpose of marriage. and you will remain their provider and all other team within dated term and you can religion.
So it practice try usually followed from the those people erring husbands who accept Islam for the true purpose of next relationships however, once more end up being reconverts in order to hold its rights from the services etcetera
22. 1079 away from 1989 where that it Hon’ble Judge could have been happy in order to know a comparable. True copy of your buy old 23-4-1990 as well as the purchase admitting the fresh new petition is actually annexed on establish petition and you may marked given that Annexure III (collectively).”
“(a) from the an appropriate writ, purchase or advice, ous marriage ceremonies by the Hindus and non-Hindus after conversion so you can Islam religion once the unlawful and gap;
(b) material compatible guidelines in order to Participants step one and you may 2 to handle compatible amendments on Hindu Relationships Work to curtail and you will stop the technique of polygamy;
(c) thing appropriate guidance to say that in which a low-Muslim male gets converted to the latest ‘Muslim’ faith without having any real transform away from faith and simply which have a view to prevent a young relationships or enter a next wedding, people wedding entered toward by your just after transformation would-be gap;