S. Saghir Ahmad, J. (concurring)- We pleasantly agree with the opinions conveyed from the my personal esteemed cousin, Sethi, J., on the erudite judgment served by him, whereby this new writ petitions plus the opinion petition are increasingly being disposed of in the end. I, not, desire to incorporate a nutshell out of personal.
2. Smt Sushmita Ghosh, who is brand new partner of Shri Grams.C Ghosh (Mohd. Karim Ghazi) registered a good writ petition [Writ Petition (C) No. 509 out-of 1992] within this Legal stating that she was hitched in order to Shri Grams.C Ghosh according to Hindu rites for the ten-5-1984 and because upcoming both of them were cheerfully life style during the Delhi. The second sentences of writ petition, that are relevant for this situation, was quoted less than:
“fifteen. Respondent step three also presented a certificate provided because of the workplace of the brand new Maulana Qari Mohammad Idris, Shahi Qazi old 17-6-1992 certifying one Respondent step 3 got embraced Islam. True backup of your certificate try annexed to the present petition and you may marked because Annexure II.
sixteen. The petitioner contacted their unique dad and you will brother and you can informed them from the their husband’s transformation and you will intent so you can remarry. They all tried to convince Respondent step three and you will speak him aside of your own relationships but in order to no get in which he insisted you to definitely Sushmita must commit to a splitting up or even she will need tolerate the following wife.
17. It solely with regards to re also. The guy doesn’t knowledge brand new Muslim rites because given nor features the guy altered his title or faith or any other authoritative data.
18. She avers that she’s become discriminated against by one to part of your own Muslim individual legislation that’s implemented of the State step by advantage of Muslim Individual Laws (Shariat) Operate, 1937. It is filed one to eg action try in comparison to Article fifteen(1) that will be unconstitutional.
That petitioner asserts their own fundamental legal rights secured because of the Post fifteen(1) to not be discriminated against on the ground from faith and sex alone
19. That details of one’s amount would be the fact Respondent step three possess then followed the newest Muslim religion and start to become a convert to that religion on the only reason for with an extra partner which is forbidden purely beneath the Hindu laws. They you need scarcely be mentioned that the newest told you sales wasn’t a point of Respondent step 3 that have trust throughout the Muslim faith.
21. One before a decade, it’s become very common between the Hindu guys exactly who cannot get a divorce off their first partner, they become Muslim faith exclusively for the purpose of marriage. and keep the services as well as other business within old title and religion.
Which routine are inevitably adopted by men and women erring husbands which embrace Islam for the intended purpose of 2nd wedding but once again phrendly be reconverts in order to hold their liberties in the properties an such like
22. 1079 of 1989 where that it Hon’ble Court has been happier so you’re able to know a similar. Genuine content of acquisition old 23-4-1990 and the buy admitting the petition is annexed to your introduce petition and you will designated since the Annexure III (collectively).”
“(a) by an appropriate writ, acquisition otherwise advice, ous marriage ceremonies by the Hindus and non-Hindus after sales so you can Islam religion while the unlawful and void;
(b) topic suitable rules in order to Participants step one and you may 2 to manage appropriate amendments on the Hindu Marriage Work to be able to curtail and prohibit the practice of polygamy;
(c) point suitable guidelines to say that where a low-Muslim men becomes changed into the latest ‘Muslim’ faith without having any real change from religion and simply having a viewpoint to quit an early on relationship otherwise get into an excellent 2nd marriage, any relationship joined towards because of the him after conversion process was void;