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S. Saghir Ahmad, J. (concurring)- I respectfully buy into the feedback shown because of the my important sis, Sethi, J., on erudite wisdom served by him, by which new writ petitions and also the review petition are being discarded fundamentally. I, not, desire to create a few words out-of personal.
dos. Smt Sushmita Ghosh, who’s brand new wife away from Shri G.C Ghosh (Mohd. Karim Ghazi) submitted a writ petition [Writ Petition (C) Zero. 509 out-of 1992] within this Courtroom stating that she is hitched so you’re able to Shri G.C Ghosh relative to Hindu rites toward 10-5-1984 and because after that they both was indeed joyfully way of living during the Delhi. The next paragraphs of the KambodЕѕalainen nainen writ petition, that are related for it instance, is actually quoted lower than:
“fifteen. Respondent step three together with showed a certification granted because of the office regarding the fresh Maulana Qari Mohammad Idris, Shahi Qazi old 17-6-1992 certifying you to Respondent step 3 had adopted Islam. True copy of your certificate try annexed to the current petition and you can designated just like the Annexure II.
16. That the petitioner contacted her dad and you will sis and told all of them regarding the their unique husband’s sales and you can intention in order to remarry. All of them made an effort to persuade Respondent 3 and you can speak him away of relationships however, so you can zero avail in which he insisted you to Sushmita need invest in a divorce or separation if you don’t she will need certainly to endure the next wife.
17. This entirely for the true purpose of re also. The guy does not training the fresh new Muslim rites given that recommended nor has actually he changed their title otherwise religion or any other official records.
18. She avers one to she’s started discriminated against by one to part of Muslim personal rules that is enforced by State action because of the virtue of your Muslim Private Law (Shariat) Work, 1937. It is recorded one to such step is actually contrary to Post fifteen(1) that’s unconstitutional.
19. Your realities of one’s number is that Respondent step 3 provides observed the fresh new Muslim religion and stay a convert to you to faith on just purpose of which have the second partner which is forbidden strictly in Hindu laws. It you need hardly become said that the latest said conversion wasn’t an issue of Respondent step three with trust regarding Muslim faith.
21. That prior to now several years, it’s become common within Hindu men exactly who you should never score a divorce proceedings using their basic wife, it convert to Muslim faith only with regards to wedding. and you may keep its service and all of almost every other company within old label and faith.
twenty two. 1079 regarding 1989 in which so it Hon’ble Court has been happier in order to know an identical. Real backup of your own purchase dated 23-4-1990 together with purchase admitting the fresh petition are annexed to your introduce petition and noted just like the Annexure III (collectively).”
“(a) from the the right writ, purchase otherwise recommendations, ous marriage ceremonies from the Hindus and non-Hindus immediately following transformation in order to Islam faith as unlawful and you can void;
(b) material appropriate guidelines so you’re able to Respondents step one and you may 2 to carry out suitable amendments regarding Hindu Matrimony Work so as to curtail and you can stop the practice of polygamy;
(c) situation appropriate guidelines to declare that in which a low-Muslim male gets changed into new ‘Muslim’ faith with no actual transform off faith and just that have a perspective to get rid of an early matrimony or go into good next relationships, any relationship registered towards the by your once transformation would be emptiness;
