S. Saghir Ahmad, J. (concurring)- We pleasantly agree with the opinions indicated because of the my personal important brother, Sethi, J., in the erudite wisdom prepared by him, wherein the new writ petitions plus the remark petition are being thrown away in the long run. We, but not, desire to include a nutshell of personal.
dos. Smt Sushmita Ghosh, who’s the brand new wife away from Shri G.C Ghosh (Mohd. Karim Ghazi) recorded good writ petition [Writ Petition (C) No. 509 off 1992] within this Judge proclaiming that she are partnered so you’re able to Shri Grams.C Ghosh in accordance with Hindu rites on ten-5-1984 and because then both had been gladly way of life during the Delhi. The second sentences of your writ petition, which happen to be related because of it instance, is actually quoted less than:
“15. Respondent 3 and exhibited a certification issued by work environment away from the fresh Maulana Qari Mohammad Idris, Shahi Qazi old 17-6-1992 certifying that Respondent step 3 got accepted Islam. True copy of your certificate are annexed to the current petition and you may noted as Annexure II.
sixteen. That the petitioner called their unique dad and sibling and you will advised them regarding their own partner’s sales and purpose so you can remarry. They all tried to convince Respondent step three and you can speak him out of relationships however, so you can no avail and then he insisted that Sushmita must invest in a splitting up if not she’s going to need endure the second partner.
17. That it exclusively for the purpose of lso are. He does not teaching this new Muslim rites due to the fact prescribed neither have he altered their identity otherwise religion and other official data.
18. She avers one to this lady has come discriminated facing because of the one to area of the Muslim individual law that is enforced of the State step by the advantage of the Muslim Private Laws (Shariat) Work, 1937. It is submitted you to like step was in contrast to Post 15(1) that’s unconstitutional.
That petitioner claims their particular standard rights secured because of the Post fifteen(1) to not end up being discriminated up against on to the ground out of religion and you will sex by yourself
19. The knowledge of your matter is the fact Respondent step 3 possess observed the latest Muslim faith and be a become one faith for the just function of with an additional partner that is taboo purely underneath the Hindu legislation. They you desire barely getting asserted that the new told you conversion wasn’t an issue of Respondent step three that have believe regarding the Muslim faith.
21. One to in the past ten years, it is quite common between your Hindu males which do not get a split up using their basic partner, it become Muslim faith exclusively with regards to matrimony. and you will keep the service as well as almost every other providers within their old label and you will faith.
It behavior is invariably accompanied because of the men and women erring husbands exactly who incorporate Islam for the purpose of second relationship however, once again end up being reconverts in order to maintain its liberties in the attributes etc
twenty-two. 1079 from 1989 where so it Hon’ble Judge might have been delighted to help you know a comparable. Genuine backup of your acquisition old 23-4-1990 and the purchase admitting the latest petition was annexed to your present petition and you will marked while the Annexure III (collectively).”
“(a) of the a suitable writ, acquisition or recommendations, ous marriages by Hindus and you can non-Hindus after conversion in order to Islam religion because unlawful and you will emptiness;
(b) issue compatible directions so you can Participants step one and 2 to control appropriate amendments in the Hindu Matrimony Act to curtail and you can restrict the technique of polygamy;
(c) issue compatible guidance to declare that where a low-Muslim men becomes changed into the fresh new ‘Muslim’ believe without having any genuine transform away from belief and simply that have a standpoint to stop an early wedding otherwise enter into a good next wedding, any relationship entered towards the from the him immediately following transformation was void;