S. Saghir Ahmad, J. (concurring)- We pleasantly concur with the opinions shown because of the my esteemed cousin, Sethi, J., regarding erudite view prepared by him, in which the newest writ petitions as well as the remark petition are being disposed of in the end. We, although not, want to put a few words out-of my.

2. Smt Sushmita Ghosh, that is new wife regarding Shri G.C Ghosh (Mohd. Karim Ghazi) filed an effective writ petition [Writ Petition (C) Zero. 509 out-of 1992] in this Legal stating that she was married to help you Shri G.C Ghosh relative to Hindu rites to your 10-5-1984 and since next both was cheerfully traditions from the Delhi. The second paragraphs of one's writ petition, that are associated because of it circumstances, is actually quoted below:

“fifteen. Respondent 3 including displayed a certificate approved from the workplace from brand new Maulana Qari Mohammad Idris, Shahi Qazi old 17-6-1992 certifying you to definitely Respondent 3 had accepted Islam. Real duplicate of the certification is annexed to the current petition and noted once the Annexure II.

16. That petitioner contacted their unique father and aunt and you may told all of them from the her partner's transformation and intent to help you remarry. They all attempted to convince Respondent 3 and you may speak him aside of wedding however, to zero avail in which he insisted you to Sushmita need certainly to commit to a divorce or separation or even she will must endure the next spouse.

17. That it exclusively for the true purpose of re. The guy cannot exercises this new Muslim rites as prescribed nor possess he altered his term or faith or other formal data.

18. She avers you to definitely she's become discriminated facing by one to region of Muslim private laws that's implemented by Condition step by the virtue of your Muslim Private Laws (Shariat) Operate, 1937. It’s submitted one to including action try as opposed to Post fifteen(1) and that's unconstitutional.

That the petitioner claims her important legal rights guaranteed by the Post 15(1) to not varme jenter Taiwanese getting discriminated against on the ground from faith and you may sex alone

19. That details of matter is that Respondent step three possess adopted the new Muslim faith and be a convert to that faith with the just purpose of that have an additional wife which is forbidden strictly under the Hindu law. It you desire rarely end up being said that the newest said conversion wasn't an issue of Respondent step 3 with trust regarding the Muslim faith.

21. You to in past times ten years, it is common within Hindu men just who don't rating a split up from their very first partner, it become Muslim faith exclusively with regards to matrimony. and you can remain the service and all of other company within their dated label and you may religion.

Which behavior was invariably implemented by those people erring husbands whom incorporate Islam for the purpose of next relationship but again end up being reconverts in order to retain its rights throughout the attributes etc

22. 1079 away from 1989 in which so it Hon'ble Legal might have been happier so you're able to recognize a comparable. Correct copy of the order old 23-4-1990 and the acquisition admitting brand new petition are annexed on the establish petition and marked as the Annexure III (collectively).”

“(a) by the the right writ, acquisition otherwise assistance, ous marriages because of the Hindus and non-Hindus shortly after conversion process to help you Islam faith once the unlawful and emptiness;

(b) procedure appropriate guidelines in order to Participants step one and you will 2 to carry out appropriate amendments from the Hindu Marriage Act to be able to curtail and you will stop the practice of polygamy;

(c) issue compatible guidance to state that where a non-Muslim male will get changed into the fresh new ‘Muslim' trust without the actual change out-of belief and merely that have a viewpoint to avoid an earlier relationships otherwise go into a great second relationships, any marriage entered into the because of the your once transformation could be void;