S. Saghir Ahmad, J. (concurring)- I respectfully concur with the opinions conveyed because of the my important sister, Sethi, J., on erudite judgment served by him, wherein the brand new writ petitions and review petition are now being discarded eventually. We, however, want to include a nutshell away from my.
dos. Smt Sushmita Ghosh, who is brand new wife of Shri G.C Ghosh (Mohd. Karim Ghazi) filed an excellent writ petition [Writ Petition (C) No. 509 off 1992] within this Legal proclaiming that she was hitched so you’re able to Shri Grams.C Ghosh in accordance with Hindu rites on ten-5-1984 and since upcoming they both was in fact joyfully way of living during the Delhi. Next sentences of writ petition, that are relevant for it situation, is actually cited lower than:
“fifteen. Respondent step three including displayed a certificate approved by office out-of the brand new Maulana Qari Mohammad Idris, Shahi Qazi old 17-6-1992 certifying that Respondent 3 got accepted Islam. True copy of one’s certificate was annexed to the current petition and you will noted due to the fact Annexure II.
16. That petitioner contacted their own dad and you may sis and you may advised all of them about her husband’s conversion and you can intention to remarry. They all attempted to persuade Respondent step 3 and you may cam him aside of your own relationships however, so you can zero get and he insisted one Sushmita have to invest in a divorce case or even she’ll have to tolerate the second wife.
17. That it solely for the true purpose of lso are. He cannot training the fresh Muslim rites due to the fact given neither provides the guy altered their name otherwise faith and other specialized data files.
18. She avers you to this lady has started discriminated against by the one to part of the Muslim personal law that is implemented by the County action from the advantage of your own Muslim Private Law (Shariat) Operate, 1937. It’s recorded one to like action was in comparison to Article fifteen(1) and that’s unconstitutional.
That petitioner asserts their particular practical rights secured of the Post 15(1) not to ever feel discriminated facing on to the ground of religion and you will sex alone
19. That the knowledge of your amount would be the fact Respondent step three has actually then followed the brand new Muslim religion and stay a convert to one faith for the sole intent behind having the Unkarilainen seksikäs kuuma tytöt second wife which is forbidden strictly according to the Hindu rules. They you desire rarely getting said that brand new told you transformation was not a question of Respondent 3 which have believe throughout the Muslim religion.
21. You to definitely in earlier times years, it has become very common amongst the Hindu guys who you should never get a separation and divorce using their basic partner, it become Muslim religion solely with regards to matrimony. and you can keep their service and all other company within their old label and you can faith.
That it habit try usually observed because of the those individuals erring husbands exactly who incorporate Islam with regards to second relationship but once again be reconverts to maintain its rights from the characteristics etcetera
twenty-two. 1079 from 1989 in which this Hon’ble Legal has been delighted so you can acknowledge an identical. Correct backup of the buy dated 23-4-1990 as well as the purchase admitting the brand new petition are annexed into the present petition and you may noted due to the fact Annexure III (collectively).”
“(a) because of the the ideal writ, acquisition or guidance, ous marriages by the Hindus and you may non-Hindus once conversion process to Islam religion due to the fact illegal and you will void;
(b) material suitable information so you’re able to Respondents 1 and you will 2 to take care of compatible amendments on the Hindu Relationship Act so as to reduce and you will restrict the technique of polygamy;
(c) procedure suitable direction to declare that where a non-Muslim male gets converted to the new ‘Muslim’ believe without having any actual transform from faith and simply that have a viewpoint to eliminate an early marriage otherwise enter into good next marriage, one matrimony joined toward of the your immediately following conversion process might be void;