S. Saghir Ahmad, J. (concurring)- I respectfully buy into the viewpoints vakava linkki indicated from the my important sis, Sethi, J., throughout the erudite judgment served by your, in which the latest writ petitions together with review petition are increasingly being disposed of in the end. We, however, want to add a few words out-of my very own.

dos. Smt Sushmita Ghosh, that is brand new partner off Shri G.C Ghosh (Mohd. Karim Ghazi) submitted a beneficial writ petition [Writ Petition (C) No. 509 from 1992] within Courtroom proclaiming that she is married to help you Shri G.C Ghosh prior to Hindu rites to your 10-5-1984 and because after that both of them was in fact cheerfully way of living in the Delhi. Another sentences of your own writ petition, which are relevant for this instance, are cited lower than:

“15. Respondent step three plus shown a certificate granted by workplace out of this new Maulana Qari Mohammad Idris, Shahi Qazi old 17-6-1992 certifying that Respondent step 3 had adopted Islam. Genuine duplicate of your own certification try annexed to the current petition and you may noted because the Annexure II.

sixteen. The petitioner called their unique father and you may cousin and you will informed them on the her partner’s transformation and you will intention in order to remarry. All of them made an effort to convince Respondent 3 and you may talk your out of your matrimony but to no avail and then he insisted one to Sushmita must commit to a separation otherwise she’s going to must endure the next spouse.

17. It exclusively for the purpose of re also. The guy cannot teaching new Muslim rites just like the given neither keeps he changed their name otherwise faith or any other official files.

18. She avers one to she has become discriminated up against because of the you to part of one’s Muslim private law that is enforced from the State action from the virtue of one’s Muslim Individual Law (Shariat) Work, 1937. It’s submitted one such as for example step is in contrast to Article 15(1) that will be unconstitutional.

Your petitioner claims their practical liberties guaranteed of the Article fifteen(1) not to ever become discriminated up against on to the floor away from faith and sex by yourself

19. That the specifics of one’s number would be the fact Respondent 3 enjoys adopted new Muslim faith and become a convert to you to faith toward sole purpose of with another partner that is forbidden purely underneath the Hindu rules. They you need hardly be mentioned that the fresh told you conversion wasn’t an issue of Respondent step 3 having faith about Muslim religion.

21. One to prior to now 10 years, it’s become very common between your Hindu men whom you should never rating a divorce proceedings off their very first partner, they convert to Muslim faith solely for the intended purpose of marriage. and you will continue its service and all of most other company in their old identity and you may faith.

So it habit was usually observed because of the the individuals erring husbands whom embrace Islam for the purpose of 2nd wedding however, once again getting reconverts to keep their legal rights about properties an such like

22. 1079 out of 1989 in which that it Hon’ble Court might have been pleased to help you accept an equivalent. Correct content of one’s acquisition dated 23-4-1990 in addition to order admitting the fresh petition try annexed on the expose petition and you can noted due to the fact Annexure III (collectively).”

“(a) by the ideal writ, acquisition or advice, ous marriage ceremonies because of the Hindus and you may low-Hindus shortly after transformation so you’re able to Islam religion since illegal and you can void;

(b) material suitable rules in order to Respondents step one and you will dos to control suitable amendments on the Hindu Wedding Operate to reduce and you can restrict the practice of polygamy;

(c) topic compatible guidance to say that where a low-Muslim male becomes transformed into brand new ‘Muslim’ faith without the actual alter away from faith and just with a standpoint to get rid of a young relationship otherwise go into an effective 2nd matrimony, one relationships registered on by him after sales might be gap;