Posted by S. Saghir Ahmad, J. (concurring)- We respectfully buy into the viewpoints expressed of the my personal esteemed sis, Sethi, J., from the erudite wisdom prepared by him, by which brand new writ petitions and opinion petition are discarded finally. I, however, desire to create a nutshell out-of my own personal.
2. Smt Sushmita Ghosh, that is the fresh spouse of Shri Grams.C Ghosh (Mohd. Karim Ghazi) registered a good writ petition [Writ Petition (C) Zero. 509 off 1992] within this Court saying that she try hitched so you’re able to Shri G.C Ghosh in line with Hindu rites towards the ten-5-1984 and since up coming both have been joyfully way of living at Delhi. The next sentences of your own writ petition, that are associated for it case, was cited below:
“15. Respondent step three in addition to exhibited a certificate granted by workplace off the Maulana Qari Mohammad Idris, Shahi Qazi old 17-6-1992 certifying one to Respondent 3 had welcomed Islam. Real content of the certificate was annexed to the present petition and you may noted just like the Annexure II.
sixteen. That the petitioner contacted their own father and you can aunt and you may advised them in the their own partner’s conversion process and purpose so you can remarry. They all tried to encourage Respondent 3 and you may cam him aside of your marriage but to help you zero get and then he insisted one Sushmita must agree to a split up if you don’t she’ll need to endure the second spouse.
17. Which exclusively with regards to re also. The guy doesn’t exercises new Muslim rites due to the fact given nor possess he altered his name otherwise faith and other authoritative files.
18. She avers you to she has started discriminated against by the one area of your own Muslim private laws which is enforced by County action by advantage of your Muslim Private Law (Shariat) Operate, 1937. It’s filed you to such as step was in comparison to Article 15(1) and is unconstitutional.
The petitioner claims their important liberties protected because of the Blog post fifteen(1) not to ever be discriminated against on to the ground off faith and you will sex alone
19. The truth of one’s matter is the fact Respondent step 3 features accompanied the new Muslim faith and get a become one faith to the sole intent behind that have an extra partner that’s taboo strictly underneath the Hindu legislation. It you need scarcely become said that the fresh new told you conversion was not a question of Respondent step 3 that have believe regarding the Muslim faith.
21. That in earlier times several years, it has become very common between your Hindu guys exactly who cannot score a breakup using their first wife, they convert to Muslim religion exclusively with regards to relationships. and you may continue its solution and all other organization within dated title and you will faith.
This practice are invariably implemented of the people erring husbands who embrace Islam for the intended purpose of next matrimony but again end up being reconverts in order to preserve their rights from the services etcetera
22. 1079 from 1989 in which this Hon’ble Court could have been happier so you can accept a similar. Correct backup of your own purchase dated 23-4-1990 therefore the buy admitting the fresh petition is annexed to your establish petition and you can noted once the Annexure III (collectively).”
“(a) of the a suitable writ, purchase or guidance, ous marriages by Hindus and you can non-Hindus immediately after conversion to Islam faith because unlawful and you may void;
(b) topic appropriate rules in order to Respondents step one and dos to carry out appropriate amendments on Hindu Marriage Act to reduce and you will stop the practice of polygamy;
(c) Iraki morsiamet virasto matter compatible recommendations to say that where a non-Muslim men becomes transformed into the new ‘Muslim’ believe without having any real transform off faith and merely which have a standpoint to avoid an early on relationship or get into a beneficial next marriage, people matrimony joined with the of the him just after conversion process is emptiness;