S. Saghir Ahmad, J. (concurring)- I respectfully buy into the viewpoints indicated because of the my esteemed sis, Sethi, J., on erudite judgment served by him, whereby the fresh new writ petitions and remark petition are increasingly being thrown away in the long run. We, however, want to include a few words out of my own.
2. Smt Sushmita Ghosh, that is the brand new spouse away from Shri Grams.C Ghosh (Mohd. Karim Ghazi) submitted a great writ petition [Writ Petition (C) Zero. 509 out of 1992] within Courtroom saying that she is actually hitched to Shri Grams.C Ghosh prior to Hindu rites on the ten-5-1984 and since up coming both was happily way of living during the Delhi. The second sentences of writ petition, that are relevant for this case, is actually quoted lower than:
“15. Respondent 3 and demonstrated a certificate approved from the place of work out of the brand new Maulana Qari Mohammad Idris, Shahi Qazi dated 17-6-1992 certifying you to Respondent step 3 got embraced Islam. Real backup of your own certificate is actually annexed to the present petition and you can designated while the Annexure II.
sixteen. That petitioner called their father and aunt and you can informed them in the their own husband’s sales and you can intention to remarry. All of them tried to encourage Respondent step 3 and chat him aside of the relationship but so you can zero avail and he insisted you to definitely Sushmita need certainly to commit to a divorce proceedings if not she will have to tolerate the following spouse.
17. Which solely for the intended purpose of re. He cannot teaching the fresh Muslim rites once the prescribed nor keeps he altered their label or religion or other authoritative records.
18. She avers one this lady has come discriminated up against because of the one area of Muslim private rules which is implemented of the State step by virtue of one’s Muslim Private Law (Shariat) Operate, 1937. It is filed that like action is actually in comparison to Article 15(1) which will be unconstitutional.
That the petitioner claims their particular practical rights guaranteed because of the Blog post 15(1) not to ever become discriminated up against on to the floor away from religion and you can sex by yourself
19. The knowledge of amount is the fact Respondent step 3 has accompanied this new Muslim faith and start to become a become you to definitely faith on the sole function of having the second partner that’s forbidden strictly under the Hindu law. They you need hardly getting mentioned that this new told you conversion process was not a question of Respondent 3 with believe throughout the Muslim faith.
21. You to definitely in the past ten years, it’s become very common involving the Hindu males who usually do not rating a divorce case ilmainen italialainen dating site using their basic partner, it become Muslim faith exclusively for the intended purpose of relationship. and you may remain its solution and all sorts of almost every other providers inside their dated term and you can faith.
That it practice is actually invariably adopted because of the the individuals erring husbands which accept Islam with regards to next marriage but again end up being reconverts to hold the rights on features etc
twenty two. 1079 away from 1989 in which which Hon’ble Courtroom might have been delighted to help you know an equivalent. Genuine content of the purchase dated 23-4-1990 plus the acquisition admitting the fresh petition is annexed towards the introduce petition and you can noted as the Annexure III (collectively).”
“(a) of the a suitable writ, buy otherwise guidance, ous marriage ceremonies because of the Hindus and you will low-Hindus immediately following conversion process so you’re able to Islam religion since unlawful and you can void;
(b) matter suitable information to help you Respondents 1 and you will 2 to look at suitable amendments on Hindu Wedding Act to curtail and you will restrict the technique of polygamy;
(c) thing appropriate advice to state that in which a low-Muslim male gets transformed into the fresh new ‘Muslim’ faith with no genuine alter out of belief and just with a viewpoint to end an early on wedding or enter a great 2nd wedding, people wedding registered towards from the him once conversion process will be emptiness;