S. Saghir Ahmad, J. (concurring)- We pleasantly agree with the feedback indicated by the my personal important cousin, Sethi, J., regarding the erudite wisdom served by him, for which the newest writ petitions additionally the opinion petition are disposed of in the long run. I, however, desire to put a few words of my own.
2. Smt Sushmita Ghosh, that is the fresh new spouse out-of Shri G.C Ghosh (Mohd. Karim Ghazi) submitted a writ petition [Writ Petition (C) No. 509 off 1992] in this Court stating that she is actually partnered to help you Shri Grams.C Ghosh relative to Hindu rites to your 10-5-1984 and since after that both of them was basically gladly lifestyle within Delhi. Another sentences of writ petition, which can be associated because of it circumstances, is cited lower than:
“15. Respondent 3 including presented a certificate given by the office regarding the Maulana Qari Mohammad Idris, Shahi Qazi dated 17-6-1992 certifying you to definitely Respondent step 3 got embraced Islam. Real content of certification is actually annexed to the present petition and you may noted since Annexure II.
sixteen. That petitioner contacted their father and you will brother and you can advised them regarding the her partner’s sales and you can intention to remarry. They all attempted to convince Respondent step 3 and you can cam him away of your marriage however, to help you no avail and then he insisted that Sushmita need to agree to a divorce case if not she’ll need endure the next spouse.
17. So it only with regards to re. The guy cannot knowledge the Muslim rites as the recommended nor keeps he altered their name otherwise faith or other certified records.
18. She avers naiset Islandian one to she has come discriminated against from the you to region of your own Muslim personal legislation that’s implemented by the Condition step by advantage of the Muslim Personal Legislation (Shariat) Work, 1937. It’s registered one to such as step is in contrast to Post 15(1) that is unconstitutional.
That the petitioner claims their particular basic legal rights guaranteed by Post fifteen(1) never to end up being discriminated against on the floor out of faith and you can sex alone
19. That information of your count is the fact Respondent step three features followed the latest Muslim religion and get a convert to that religion with the only reason for having an extra wife that is forbidden strictly underneath the Hindu legislation. It you prefer barely become asserted that the latest told you conversion wasn’t a point of Respondent 3 that have trust on the Muslim religion.
21. You to in earlier times 10 years, it has become common within Hindu guys whom you should never get a splitting up from their very first spouse, they convert to Muslim religion exclusively for the true purpose of relationships. and you may remain their service as well as other business within old title and religion.
Which behavior are usually used of the those erring husbands just who accept Islam with regards to next relationships but once again feel reconverts to be able to keep its liberties from the functions etc
twenty-two. 1079 out of 1989 where that it Hon’ble Courtroom might have been pleased so you can recognize a comparable. Correct content of the purchase old 23-4-1990 additionally the buy admitting the brand new petition try annexed to your present petition and you can marked given that Annexure III (collectively).”
“(a) from the an appropriate writ, buy otherwise direction, ous marriages by the Hindus and you may low-Hindus just after sales to help you Islam religion since unlawful and gap;
(b) thing appropriate information so you can Participants 1 and dos to control appropriate amendments regarding Hindu Relationships Operate to curtail and stop the technique of polygamy;
(c) matter appropriate guidelines to declare that in which a low-Muslim male will get converted to the brand new ‘Muslim’ trust with no real transform of religion and just that have a standpoint to cease an early on wedding otherwise enter into a next relationship, people marriage inserted towards by your after transformation would be void;