S. Saghir Ahmad, J. (concurring)- I respectfully agree with the feedback conveyed of the my personal esteemed sister, Sethi, J., about erudite wisdom served by your, wherein new writ petitions additionally the review petition are disposed of in the long run. We, however, need to add a nutshell off flirttailu emojien kanssa my.
dos. Smt Sushmita Ghosh, who is the fresh new wife from Shri G.C Ghosh (Mohd. Karim Ghazi) filed an effective writ petition [Writ Petition (C) Zero. 509 out-of 1992] within this Legal saying that she was married so you can Shri Grams.C Ghosh relative to Hindu rites towards the 10-5-1984 and since upcoming both was basically happily way of living in the Delhi. Next paragraphs of the writ petition, that are relevant because of it case, try quoted less than:
“15. Respondent 3 plus showed a certification approved by office regarding the fresh new Maulana Qari Mohammad Idris, Shahi Qazi old 17-6-1992 certifying one Respondent step three had welcomed Islam. True content of your certification is actually annexed to the present petition and you may designated once the Annexure II.
16. The petitioner called their unique father and aunt and you will told all of them regarding the their unique husband’s sales and you may intention so you’re able to remarry. They all tried to persuade Respondent step 3 and you can chat him out of your own marriage however, so you’re able to zero get and then he insisted you to definitely Sushmita need invest in a divorce proceedings if not she’s going to need certainly to put up with another partner.
17. Which exclusively for the true purpose of re. The guy cannot exercises the latest Muslim rites because given nor has the guy changed his label or faith and other specialized documents.
18. She avers you to definitely this lady has been discriminated facing by you to definitely region of Muslim personal legislation that is implemented by Condition step because of the advantage of Muslim Personal Legislation (Shariat) Work, 1937. It’s recorded you to such action is actually in contrast to Blog post 15(1) which will be unconstitutional.
That the petitioner claims their simple liberties protected by the Blog post fifteen(1) never to getting discriminated up against on the ground out-of religion and sex by yourself
19. That the information of the count is that Respondent step three has accompanied brand new Muslim religion and stay a become you to faith for the best intent behind which have an additional wife that’s taboo strictly in Hindu laws. They you want scarcely be asserted that the newest said conversion wasn’t a matter of Respondent step three having believe from the Muslim religion.
21. That in past times years, it’s become very common between the Hindu men just who dont rating a divorce using their basic spouse, they become Muslim faith only for the purpose of marriage. and you will continue the services as well as other team within their old identity and you can faith.
That it habit are inevitably adopted by those erring husbands which embrace Islam with regards to second relationship but once more feel reconverts to maintain its liberties in the attributes etcetera
twenty-two. 1079 of 1989 in which so it Hon’ble Legal has been pleased so you’re able to accept an equivalent. Real duplicate of one’s buy dated 23-4-1990 plus the buy admitting the new petition try annexed into the expose petition and designated once the Annexure III (collectively).”
“(a) of the the ideal writ, buy otherwise guidelines, ous marriages by the Hindus and low-Hindus shortly after conversion process to Islam faith as unlawful and you will emptiness;
(b) topic appropriate recommendations to help you Respondents step one and you can dos to manage suitable amendments regarding Hindu Relationship Act in order to reduce and you can restrict the technique of polygamy;
(c) procedure compatible assistance to declare that where a low-Muslim male becomes transformed into the brand new ‘Muslim’ trust without having any genuine alter out of faith and simply that have a standpoint to end an early on wedding otherwise enter into an effective second wedding, one relationship joined on by the your after conversion process will be gap;