S. Saghir Ahmad, J. (concurring)- We pleasantly concur with the views shown because of the my personal important sister, Sethi, J., regarding the erudite judgment prepared by your, for which new writ petitions as well as the feedback petition are discarded eventually. We, although not, wish to include a nutshell away from my.

dos. Smt Sushmita Ghosh, who is the fresh spouse away from Shri Grams.C Ghosh (Mohd. Karim Ghazi) filed a beneficial writ petition [Writ Petition (C) No. 509 out of 1992] in this Judge stating that she is married so you’re able to Shri G.C Ghosh in line with Hindu rites into 10-5-1984 and since up coming both have been happily life style within Delhi. The following sentences https://kissbrides.com/no/internationalcupid-anmeldelse/ of writ petition, that are related for this situation, are quoted less than:

“15. Respondent 3 and shown a certification awarded because of the work environment from the fresh new Maulana Qari Mohammad Idris, Shahi Qazi dated 17-6-1992 certifying you to definitely Respondent step 3 got welcomed Islam. Real duplicate of one’s certification is actually annexed to the present petition and you can marked because the Annexure II.

sixteen. The petitioner called their unique father and you can aunt and you will advised them on the their partner’s conversion process and you will intent in order to remarry. Each of them made an effort to encourage Respondent step three and speak your out of your own relationships however, to no get and he insisted one Sushmita need certainly to invest in a divorce or separation if you don’t she will need certainly to tolerate another wife.

17. So it exclusively for the true purpose of re. The guy cannot training the fresh Muslim rites due to the fact prescribed nor features the guy changed their identity or religion or other formal files.

18. She avers one she’s got come discriminated facing by you to definitely area of the Muslim individual laws which is enforced from the Condition step by the advantage of Muslim Personal Legislation (Shariat) Operate, 1937. It is registered that like step is actually contrary to Post fifteen(1) which will be unconstitutional.

That petitioner asserts their unique practical legal rights protected by the Post fifteen(1) to not feel discriminated up against on the ground away from religion and you will sex by yourself

19. The specifics of the count is the fact Respondent step 3 features followed brand new Muslim religion and start to become a convert to that religion to your just aim of that have another partner that is taboo strictly in Hindu rules. It need rarely end up being said that the fresh new told you sales was not a matter of Respondent step three with faith regarding the Muslim faith.

21. One to in earlier times a decade, it’s become quite common within Hindu guys whom dont get a divorce proceedings from their basic wife, it convert to Muslim religion only for the intended purpose of relationships. and you will continue their solution and all of almost every other business inside their old identity and religion.

Which behavior was inevitably observed from the people erring husbands which accept Islam for the intended purpose of second wedding but again become reconverts in order to keep the rights about features etcetera

twenty-two. 1079 from 1989 where which Hon’ble Court might have been pleased to help you recognize an equivalent. True copy of the acquisition old 23-4-1990 while the order admitting new petition was annexed on present petition and you may marked because the Annexure III (collectively).”

“(a) by the an appropriate writ, purchase or guidelines, ous marriage ceremonies from the Hindus and non-Hindus just after conversion in order to Islam religion as the unlawful and you can void;

(b) matter compatible tips to help you Participants 1 and you can 2 to undertake appropriate amendments regarding the Hindu Marriage Act to reduce and you can prohibit the technique of polygamy;

(c) question compatible assistance to state that where a non-Muslim male will get converted to the fresh ‘Muslim’ believe without any genuine change off trust and merely which have a perspective to cease an earlier relationship or enter into a good second marriage, people marriage joined to your by him just after conversion would-be gap;