S. Saghir Ahmad, J. (concurring)- I pleasantly concur with the viewpoints shown from the my personal important sis, Sethi, J., throughout the erudite wisdom prepared by him, which new writ petitions together with comment petition are increasingly being disposed of eventually. We, however, want to include a nutshell away from my own personal.

dos. Smt Sushmita Ghosh, who is brand new wife out-of Shri Grams.C Ghosh tyypilliset Karibia naiset (Mohd. Karim Ghazi) submitted an excellent writ petition [Writ Petition (C) No. 509 out of 1992] within this Court proclaiming that she is married in order to Shri G.C Ghosh in accordance with Hindu rites towards 10-5-1984 and because then they both was in fact gladly life style from the Delhi. Another sentences of the writ petition, which can be related for this situation, is actually cited less than:

“15. Respondent 3 including presented a certificate provided of the work environment away from the Maulana Qari Mohammad Idris, Shahi Qazi dated 17-6-1992 certifying one to Respondent 3 had accepted Islam. Genuine content of certification is annexed to the current petition and you will noted while the Annexure II.

sixteen. That petitioner called their own father and you may aunt and informed them from the their particular partner’s sales and you will intention to remarry. Each of them tried to convince Respondent step 3 and you can talk him away of your own relationship but to zero avail and then he insisted you to Sushmita must agree to a divorce case if you don’t she will need certainly to endure the second partner.

17. This only for the true purpose of lso are. The guy cannot knowledge the new Muslim rites given that prescribed nor have he altered their term or religion and other authoritative documents.

18. She avers one she has started discriminated up against by the that part of your Muslim private laws that is enforced by State step from the virtue of your own Muslim Private Law (Shariat) Act, 1937. It is recorded you to definitely instance step is actually in comparison to Article fifteen(1) in fact it is unconstitutional.

That petitioner claims their unique fundamental legal rights secured by Blog post 15(1) not to be discriminated against on the ground out-of religion and you will sex alone

19. Your basic facts of your matter is the fact Respondent step 3 provides accompanied the fresh Muslim religion and get a become one to faith towards best reason for with a moment wife that’s forbidden strictly beneath the Hindu laws. They you want barely be asserted that the newest said conversion was not an issue of Respondent 3 having trust regarding Muslim religion.

21. One previously 10 years, it’s become quite common between the Hindu guys whom never get a split up from their first partner, it convert to Muslim religion only for the true purpose of relationship. and you can remain the solution and all most other team inside their old title and you can religion.

That it behavior is usually observed by those individuals erring husbands exactly who incorporate Islam for the true purpose of next marriage however, again end up being reconverts to be able to keep the legal rights in the services an such like

twenty two. 1079 out-of 1989 in which it Hon’ble Judge could have been pleased to recognize a comparable. Correct copy of your order dated 23-4-1990 therefore the buy admitting this new petition is actually annexed towards the expose petition and you will noted as Annexure III (collectively).”

“(a) from the a suitable writ, buy or guidelines, ous marriage ceremonies from the Hindus and low-Hindus immediately after conversion to Islam religion since the illegal and you will emptiness;

(b) question suitable recommendations so you can Respondents 1 and you may dos to look at compatible amendments on Hindu Relationships Act so as to reduce and restrict the technique of polygamy;

(c) question suitable guidance to state that where a non-Muslim male gets changed into new ‘Muslim’ believe without the real transform out of religion and just having a view to end an early marriage or go into a beneficial next relationships, people wedding entered on the because of the him once conversion process might be emptiness;