S. Saghir Ahmad, J. (concurring)- I pleasantly concur with the viewpoints shown by the my esteemed brother, Sethi, J., throughout the erudite judgment prepared by your, for which the writ petitions and the comment petition are disposed of in the long run. I, although not, wish to put a few words away from personal.

2. Smt Sushmita Ghosh, that is this new partner of Shri Grams.C Ghosh (Mohd. Karim Ghazi) submitted a great writ petition [Writ Petition (C) No. 509 out of 1992] within this Court proclaiming that she is actually partnered so you’re able to Shri G.C Ghosh in line with Hindu rites for the ten-5-1984 and because next both was basically joyfully traditions during the Delhi. The next sentences of the writ petition, which are Bosnian kuumat naiset relevant for this case, try cited below:

“15. Respondent step three as well as shown a certification approved of the place of work regarding the Maulana Qari Mohammad Idris, Shahi Qazi dated 17-6-1992 certifying one to Respondent step three got adopted Islam. Genuine copy of your certification was annexed to the current petition and designated since Annexure II.

16. The petitioner contacted their unique dad and you may cousin and you may informed all of them about their particular husband’s conversion and you will purpose so you can remarry. Each of them made an effort to convince Respondent step 3 and you may speak your out of one’s wedding however, so you’re able to zero get and he insisted you to Sushmita need agree to a separation and divorce or even she’ll need to tolerate the following wife.

17. This only for the true purpose of re. The guy does not knowledge the fresh Muslim rites just like the prescribed nor enjoys he altered their title or religion or other formal data files.

18. She avers that this lady has started discriminated up against from the you to definitely area of your Muslim private rules which is implemented because of the County action by advantage of your own Muslim Individual Legislation (Shariat) Work, 1937. It is registered you to instance step is contrary to Article fifteen(1) which is unconstitutional.

Your petitioner claims their unique basic liberties secured because of the Post fifteen(1) to not ever end up being discriminated against on to the floor from faith and you can sex alone

19. Your details of the matter would be the fact Respondent step 3 provides followed the brand new Muslim faith and stay a convert to you to definitely religion towards just function of that have a moment spouse that is taboo strictly within the Hindu rules. They you need barely getting said that the said sales was not a question of Respondent step three that have faith about Muslim faith.

21. One in the past ten years, it is common amongst the Hindu men just who try not to rating a splitting up from their basic wife, they become Muslim faith exclusively for the true purpose of matrimony. and remain its service as well as almost every other business inside their old name and you can religion.

That it behavior try inevitably used by people erring husbands exactly who embrace Islam for the purpose of 2nd marriage however, once again feel reconverts so as to keep their legal rights from the attributes etcetera

22. 1079 regarding 1989 in which so it Hon’ble Legal could have been pleased to recognize a comparable. Real content of your buy dated 23-4-1990 and the buy admitting the new petition is annexed towards the introduce petition and designated because the Annexure III (collectively).”

“(a) of the a suitable writ, order or guidelines, ous marriage ceremonies from the Hindus and low-Hindus once conversion process in order to Islam faith just like the unlawful and you may emptiness;

(b) material suitable information in order to Respondents step one and you will 2 to take care of compatible amendments regarding Hindu Matrimony Work in order to reduce and you will stop the technique of polygamy;

(c) situation compatible direction to state that where a non-Muslim men gets transformed into the new ‘Muslim’ faith with no genuine change away from religion and merely which have a perspective to quit a young wedding otherwise enter a second marriage, any relationships entered into because of the him after transformation was void;