S. Saghir Ahmad, J. (concurring)- We pleasantly agree with the feedback shown by the my personal esteemed brother, Sethi, J., from the erudite wisdom prepared by your, for which new writ petitions additionally the comment petition are being discarded in the long run. We, yet not, wish to add a nutshell of personal.

2. Smt Sushmita Ghosh, who is brand new spouse away from Shri G.C Ghosh (Mohd. Karim Ghazi) recorded a great writ petition [Writ Petition (C) Zero. 509 off 1992] in this Court proclaiming that she is actually married so you can Shri G.C Ghosh relative to Hindu rites on the 10-5-1984 and since then both of them was indeed cheerfully lifestyle in the Delhi. The second paragraphs of writ petition, being associated for it case, is quoted below:

“15. Respondent step three including showed a certification given by the workplace out of the newest Maulana Qari Mohammad Idris, Shahi Qazi dated 17-6-1992 certifying one to Respondent step 3 got welcomed Islam. True content of the certificate is actually annexed to the current petition and you can marked because the Annexure II.

sixteen. That the petitioner called her father and brother and you can told them in the their unique partner’s sales and intent to help you remarry. Each of them made an effort to encourage Respondent 3 and you will cam him out of your wedding however, so you’re able to zero get in which he insisted you to definitely Sushmita must commit to a divorce proceedings otherwise she will need to tolerate another spouse.

17. It exclusively with regards to lso are. The guy cannot knowledge the new Muslim rites just like the prescribed nor features he changed his term or faith or any other authoritative data.

18. She avers one to she’s got already been discriminated facing by the that region of the Muslim personal rules which is enforced by State action by advantage of the Muslim Individual Rules (Shariat) Operate, 1937. It is registered one to such as for example step try in contrast to Article 15(1) and that’s unconstitutional.

Your petitioner asserts their unique practical legal rights secured by the Article 15(1) never to getting discriminated against on the ground off faith and you may sex alone

19. The truth of your own count would be the fact Respondent step three have observed the new Muslim faith and get a become you to definitely religion towards the only purpose of having an additional wife that’s forbidden purely within the Hindu law. It you would like hardly be said that brand new said conversion process wasn’t an issue of Respondent step 3 which have faith about Muslim faith.

21. You to definitely before decade, it is quite common amongst the Hindu guys whom you should never get a breakup off their earliest partner, it become Muslim faith solely for the purpose of relationship. and you will keep their solution as well as almost every other company in their dated title and religion.

This routine try usually adopted because of the those erring husbands whom accept Islam for the true purpose of 2nd matrimony but again end up being reconverts so as to preserve its rights on the attributes etcetera

twenty two. 1079 out of 1989 in which it Hon’ble Courtroom might have been delighted in order to acknowledge a comparable. Correct content of purchase dated 23-4-1990 as well as the buy admitting the fresh new petition is annexed into introduce petition and you will noted while the Annexure III (collectively).”

“(a) because of the the right writ, buy or direction, ous marriage ceremonies by Hindus and you may low-Hindus once transformation to help you Islam religion once the unlawful and you may gap;

(b) situation appropriate advice to help you Participants step 1 and you can 2 to address suitable amendments throughout the Hindu Marriage Operate so as to reduce and you will forbid the technique of polygamy;

(c) point appropriate assistance to state that in which a non-Muslim male gets transformed into this new ‘Muslim’ faith without having any actual transform from belief and merely with a view to eliminate a young wedding or get into good next relationships, any relationships joined into the hieno Libanonilainen naiset by the him after conversion might be emptiness;