S. Saghir Ahmad, J. (concurring)- I respectfully buy into the viewpoints conveyed by my personal esteemed sister, Sethi, J., regarding the erudite judgment made by him, in which the writ petitions and the comment petition are thrown away fundamentally. I, but not, wish to put a few words out-of my very own.
dos. Smt Sushmita Ghosh, that is the newest wife from Shri G.C Ghosh (Mohd. Karim Ghazi) recorded a beneficial writ petition [Writ Petition (C) No. 509 from 1992] within this Courtroom saying that she is actually partnered to Shri G.C Ghosh relative to Hindu rites with the ten-5-1984 and because following both was basically gladly traditions within Delhi. Next sentences of writ petition, which happen to be relevant because of it situation, was quoted below:
“fifteen. Respondent 3 in addition to exhibited a certificate approved of the work environment off brand new Maulana Qari Mohammad Idris, Shahi Qazi old 17-6-1992 certifying one Respondent 3 got accepted Islam. Real content of one’s certification is actually annexed to the present petition and you will designated because Annexure II.
16. Your petitioner contacted their own dad and you may cousin and you will advised all of them on their own husband’s conversion process and purpose so you’re able to remarry. Each of them made an effort to encourage Respondent step 3 and you can chat him out of the marriage however, so you can zero avail and he insisted one Sushmita need certainly to commit to a split up or even she will need to tolerate the following spouse.
17. Which entirely for the purpose of lso are. He does not exercises the brand new Muslim rites because given neither have he changed their name otherwise religion or any other formal data.
18. She avers that she’s started discriminated against because of the one to part of your Muslim individual rules that is implemented by the State action by the advantage of one’s Muslim Private Rules (Shariat) Act, 1937. It’s submitted you to definitely for example action is as opposed to Article 15(1) and that is unconstitutional.
19. That the facts of your matter is that Respondent 3 provides used the Muslim religion and get a become one to religion into only kuuma Makedonian tyttГ¶ reason for that have one minute partner that is forbidden purely under the Hindu rules. It you desire hardly become said that the newest told you sales wasn’t a matter of Respondent step three which have faith on the Muslim faith.
21. One before decade, it has become quite common between your Hindu males just who don’t get a divorce from their basic partner, they convert to Muslim religion solely for the purpose of marriage. and you will keep the provider and all most other team inside their dated term and you may faith.
twenty-two. 1079 off 1989 where so it Hon’ble Court has been delighted in order to recognize an equivalent. True duplicate of your order old 23-4-1990 plus the buy admitting the brand new petition is annexed on expose petition and you can marked since the Annexure III (collectively).”
“(a) because of the the ideal writ, buy otherwise guidelines, ous marriage ceremonies because of the Hindus and you will non-Hindus after transformation so you can Islam faith as the illegal and you can gap;
(b) material suitable information to help you Participants step 1 and dos to carry out suitable amendments throughout the Hindu Matrimony Work so as to curtail and you will prohibit the practice of polygamy;
(c) issue compatible guidance to declare that where a low-Muslim men gets changed into the latest ‘Muslim’ believe with no actual change regarding faith and just with a viewpoint to eliminate an earlier relationship otherwise enter an effective next wedding, one relationships entered on by your shortly after conversion process would be gap;