Lily Thomas Although some v. Relationship From Asia While others

S. Saghir Ahmad, J. (concurring)- We pleasantly buy into the opinions shown by my important cousin, Sethi, J., regarding erudite view made by your, for which the newest writ petitions in addition to review petition are now being disposed of finally. We, however, need to create a nutshell from my own personal.

dos. Smt Sushmita Ghosh, that is the partner of Shri G.C Ghosh (Mohd. Karim Ghazi) registered a beneficial writ petition [Writ Petition (C) Zero. 509 out of 1992] inside Court stating that she try partnered in order to Shri G.C Ghosh in line with Hindu rites into ten-5-1984 and since upcoming both was indeed gladly living from the Delhi. Next sentences of your writ petition, that are relevant for this circumstances, is cited below:

“15. Respondent step 3 plus displayed a certification awarded by workplace off the newest Maulana Qari Mohammad Idris, Shahi Qazi old 17-6-1992 certifying one to Respondent step 3 got accepted Islam. Genuine content of the certificate is actually annexed to the present petition and noted given that Annexure II.

sixteen. That the petitioner called their father and you may cousin and you will told all of them in the their unique husband’s transformation and you will intent so you’re able to remarry. Each of them made an effort to convince Respondent step three and you can cam your out of your relationship however, in order to zero get and he insisted you to Sushmita need certainly to commit to a separation otherwise she’s going to need to tolerate next partner.

17. It solely with regards to re. The guy doesn’t teaching the new Muslim rites since the given nor enjoys he altered his term or faith and other authoritative data files.

18. She avers one to she has come discriminated against because of the you to definitely part of your own Muslim personal rules which is implemented by the County action because of the virtue of the Muslim Individual Law (Shariat) Work, 1937. It’s recorded you to particularly action is actually contrary to Post 15(1) that’s unconstitutional.

The petitioner asserts her important liberties guaranteed from the Post 15(1) not to ever end up being discriminated against on the ground of religion and you can sex by yourself

19. The facts of your count is that Respondent step 3 has implemented the newest Muslim faith and become a become you to faith towards only purpose of which have a second partner which is forbidden purely within the Hindu legislation. It you need barely end up being asserted that this new told you transformation wasn’t a point of Respondent step 3 that have faith about Muslim religion.

21. One previously several years, it is quite common amongst the Hindu guys which try not to get a separation and divorce from their first wife, they become Muslim religion only for the true purpose of relationships. and continue the provider and all almost every other company within their old term and faith.

So it practice are inevitably followed by the those individuals erring husbands which accept Islam for the intended purpose of 2nd matrimony however, once again become reconverts to be able to hold the liberties regarding qualities etc

twenty-two. 1079 out of 1989 in which that it Hon’ble Courtroom might have been pleased to acknowledge the same. True content of the purchase dated 23-4-1990 while the acquisition admitting the brand new petition is annexed for the establish petition and you can noted as Annexure III (collectively).”

“(a) from the the right writ, acquisition or assistance, ous marriages because of the Hindus and you will low-Hindus just after transformation in order to Islam faith because the unlawful and you can void;

(b) topic suitable recommendations to Respondents step 1 and you can 2 to undertake suitable amendments throughout the Hindu Wedding Work in order to curtail and you can restrict the practice of polygamy;

(c) point appropriate guidelines to declare that where a non-Muslim men gets converted to the ‘Muslim’ faith without the real alter out of belief and merely with a view to quit an early wedding or go into a 2nd wedding, people marriage registered for the from the him once conversion would be https://kissbrides.com/fi/kuuma-skotlanti-naiset/ void;