Lily Thomas Although some v. Connection Out-of India And others

S. Saghir Ahmad, J. (concurring)- I respectfully buy into the viewpoints shown from the my personal important cousin, Sethi, J., regarding the erudite wisdom served by him, which the latest writ petitions additionally the comment petition are being disposed of in the long run. We, however, desire to add a nutshell away from personal.

dos. Smt Sushmita Ghosh, who’s the spouse from Shri Grams.C Ghosh (Mohd. Karim Ghazi) filed a great writ petition [Writ Petition (C) Zero. 509 off 1992] inside Courtroom saying that she try hitched to Shri Grams.C Ghosh in accordance with Hindu rites on the 10-5-1984 and since then both have been gladly life during the Delhi. The following paragraphs of the writ petition, which can be related for this situation, are quoted less than:

“15. Respondent 3 in addition to displayed a certification issued by the office off the latest Maulana Qari Mohammad Idris, Shahi Qazi dated 17-6-1992 certifying you to definitely Respondent step three got adopted Islam. True backup of your own certification are annexed to the current petition and noted as the Annexure II.

sixteen. Your petitioner contacted their dad and cousin and told all of them from the their own partner’s conversion process and you will purpose in order to remarry. They all attempted to encourage Respondent step three and you can cam him out of your marriage but so you’re able to no avail and then he insisted that Sushmita must commit to a separation otherwise she’ll need certainly to put up with the second spouse.

17. This exclusively for the intended purpose of re. He cannot teaching the brand new Muslim rites once the prescribed nor has the guy altered their identity or religion and other certified files.

18. She avers that she’s come discriminated facing because of the you to definitely part of your Muslim private law that is implemented by the State step of the virtue of your own Muslim Personal Legislation (Shariat) Work, 1937. It’s filed you to definitely such as for example action are in contrast to Blog post fifteen(1) and that’s unconstitutional.

That the petitioner asserts their practical legal rights protected of the Post fifteen(1) not to ever be discriminated up against on the floor off religion and you may sex by yourself

19. That insights of one’s matter is that Respondent step 3 have observed the fresh Muslim faith and get a become one faith on the only intent behind with the second spouse that’s forbidden strictly underneath the Hindu rules. They you prefer barely be mentioned that this new said conversion wasn’t a point of Respondent 3 which have trust regarding the Muslim religion.

21. One previously 10 years, it has become quite common involving the Hindu guys who cannot score a divorce case from their earliest partner, it become Muslim faith solely for the true purpose of marriage. and you will remain their services and all most other organization within their dated label and you may religion.

That it routine is actually usually observed of the men and women erring husbands whom incorporate Islam for the intended purpose of 2nd relationships however, once again feel reconverts to be able to maintain their rights from the features etc

twenty-two. 1079 off 1989 in which which Hon’ble Court could have been happy so you can know the same. Genuine duplicate of purchase dated 23-4-1990 and purchase admitting the petition is annexed toward present petition and you may designated given that Annexure III (collectively).”

“(a) because of the an appropriate writ, acquisition otherwise guidance, ous marriages from the Hindus and you will non-Hindus shortly after sales in order to Islam religion once the unlawful and void;

(b) question appropriate guidelines to Participants step one and you may 2 to carry out compatible amendments on the Hindu Matrimony Act to reduce and you will prohibit the practice of polygamy;

(c) situation appropriate direction to say that where a non-Muslim male will get converted to the brand new ‘Muslim’ faith with no real change out of trust and simply having a standpoint to quit an early relationships otherwise get into a beneficial 2nd matrimony, one marriage registered for the because of the your just after conversion will be gap;