Lily Thomas Although some v. Commitment Out-of India Although some

S. Saghir Ahmad, J. (concurring)- We pleasantly agree with the feedback conveyed of the my personal esteemed sibling, Sethi, J., from the erudite wisdom prepared by him, where brand new writ petitions and the feedback petition are being disposed of in the long run. We, but not, want to add a few words regarding personal.

2. Smt Sushmita Ghosh, who is the newest spouse of Shri G.C Ghosh (Mohd. Karim Ghazi) filed a writ petition [Writ Petition (C) No. 509 regarding 1992] in this Courtroom stating that she are married to help you Shri G.C Ghosh in accordance with Hindu rites towards 10-5-1984 and since next both was basically cheerfully life at Delhi. Next paragraphs of one’s writ petition, that are related because of it case, was cited lower than:

“15. Respondent step 3 and additionally showed a certification approved because of the place of work regarding the brand new Maulana Qari Mohammad Idris, Shahi Qazi dated 17-6-1992 certifying one Respondent step three had embraced Islam. True copy of the certification are annexed to the present petition and you will marked given that Annexure II.

16. That the petitioner contacted her father and you will sibling and informed them about their unique partner’s conversion process and you may intent to remarry. Each of them tried to convince Respondent step three and you can cam your aside of your relationship however, so you can no avail in which he insisted that Sushmita need certainly to invest in a divorce or separation otherwise she will need tolerate the second spouse.

17. It entirely with regards to re also. He will not practise the fresh new Muslim rites since the given nor has he changed his name otherwise faith and other specialized data files.

18. She avers you to this lady has been discriminated up against by that region of your own Muslim private law which is enforced because of the County action from the advantage of the Muslim Personal Rules (Shariat) Work, 1937. It is registered one to eg action is actually as opposed to Article fifteen(1) that will be unconstitutional.

That petitioner claims their own fundamental legal rights guaranteed by the Blog post fifteen(1) to not ever getting discriminated facing on to the floor of faith and sex by yourself

19. That knowledge of number is that Respondent step 3 has implemented the brand new Muslim faith and be a become one faith on the best reason for that have an extra wife that is taboo strictly in Hindu laws. They you prefer rarely end up being said that brand new told you sales was not a question of Respondent 3 having believe about Muslim faith.

21. One to in earlier times 10 years, it’s become common within Hindu guys who dont rating a separation and divorce from their very first spouse, it become Muslim faith solely with regards to marriage. and you will keep the solution and all of almost every other business within dated term and faith.

It routine is actually inevitably followed because of the people erring husbands exactly who accept Islam for the intended purpose of second relationship but once again feel reconverts to be able to keep its rights about functions an such like

twenty two. 1079 from 1989 in which it Hon’ble Court could have been delighted so you can acknowledge an identical. Genuine backup of your buy old 23-4-1990 therefore the acquisition admitting the fresh petition is actually annexed towards establish petition and noted while the Annexure III (collectively).”

“(a) by the a suitable writ, order otherwise assistance, ous marriages because of the Hindus and you can non-Hindus just after conversion process to Islam faith just like the illegal and you may void;

(b) question suitable guidelines so you can Respondents step one and you will 2 to look at suitable amendments throughout the Hindu Relationship Operate in order to curtail and you can stop the practice of polygamy;

(c) matter compatible guidelines to state that where a low-Muslim men becomes transformed into the new ‘Muslim’ faith without any actual change of faith and just that have a view to prevent an early on wedding otherwise go into a 2nd matrimony, one relationship entered for the by the your once conversion was emptiness;