S. Saghir Ahmad, J. (concurring)- I pleasantly agree with the feedback shown from the my personal esteemed sibling, Sethi, J., about erudite wisdom prepared by him, wherein brand new writ petitions plus the remark petition are now being discarded ultimately. I, however, want to add a nutshell from my own personal.

dos. Smt Sushmita Ghosh, that is this new partner off Shri Grams.C Ghosh (Mohd. Karim Ghazi) filed a writ petition [Writ Petition (C) Zero. 509 out of 1992] within this Legal proclaiming that she is actually hitched to help you Shri Grams.C Ghosh in line with Hindu rites with the ten-5-1984 and because next both of them was happily life style during the Delhi. Another sentences of one’s writ petition, that are associated for this situation, are cited below:

“15. Respondent step 3 and shown a certificate issued because of the work environment regarding the newest Maulana Qari Mohammad Idris, Shahi Qazi old 17-6-1992 certifying one to Respondent step 3 got embraced Islam. Genuine backup of certification is annexed to the current petition and you will designated since Annexure II.

sixteen. Your petitioner called their father and you will sister and you may advised all of them in the their own husband’s transformation and Indonesian naiset personals intent to remarry. They all attempted to convince Respondent 3 and talk your aside of relationships but so you’re able to no avail and he insisted that Sushmita need invest in a separation and divorce or even she’ll need to endure the next spouse.

17. Which entirely for the intended purpose of re. He doesn’t training new Muslim rites as prescribed neither features the guy altered his name or faith or any other authoritative data files.

18. She avers one to she’s been discriminated against by one part of your own Muslim personal law that’s implemented from the State step of the virtue of the Muslim Individual Rules (Shariat) Act, 1937. It is submitted you to definitely particularly action was in contrast to Article fifteen(1) which can be unconstitutional.

That the petitioner claims their particular fundamental rights guaranteed of the Blog post fifteen(1) not to ever be discriminated facing on to the ground regarding faith and you will sex alone

19. That the details of number would be the fact Respondent step three possess accompanied the new Muslim faith and be a become one religion into the only function of having one minute spouse that’s taboo strictly underneath the Hindu rules. They you want rarely end up being asserted that the latest told you conversion process was not an issue of Respondent step 3 having believe in the Muslim religion.

21. One previously 10 years, it’s become common within Hindu males who you should never score a split up off their earliest spouse, it convert to Muslim faith exclusively for the intended purpose of marriage. and you will remain their provider and all most other company within old term and you can faith.

Which routine try inevitably then followed because of the those individuals erring husbands which accept Islam for the true purpose of second relationships however, once more become reconverts to be able to keep their rights in the features etc

22. 1079 regarding 1989 in which it Hon’ble Legal has been happier so you can recognize the same. True duplicate of your purchase old 23-4-1990 therefore the purchase admitting this new petition is actually annexed to the present petition and you may designated due to the fact Annexure III (collectively).”

“(a) from the an appropriate writ, buy otherwise advice, ous marriage ceremonies by the Hindus and you can low-Hindus once conversion process in order to Islam faith as unlawful and gap;

(b) question suitable advice so you’re able to Participants step one and you will dos to undertake suitable amendments regarding Hindu Relationships Act to be able to curtail and you will forbid the technique of polygamy;

(c) issue appropriate direction to state that where a non-Muslim male becomes transformed into the fresh new ‘Muslim’ believe without any actual change off faith and simply that have a perspective to cease a young relationships or enter into an effective 2nd wedding, one relationship registered on the from the him immediately following transformation could well be gap;