Lily Thomas While others v. Partnership Away from Asia While some

26 Ene Lily Thomas While others v. Partnership Away from Asia While some

S. Saghir Ahmad, J. (concurring)- We respectfully agree with the views indicated because of the my personal important cousin, Sethi, J., throughout the erudite judgment prepared by him, whereby the latest writ petitions and also the comment petition are disposed of finally. I, not, desire to add a nutshell regarding my own personal.

dos. Smt Sushmita Ghosh, who’s the spouse from Shri Grams.C Ghosh (Mohd. Karim Ghazi) filed an effective writ petition [Writ Petition (C) Zero. 509 from 1992] inside Courtroom stating that she was hitched in order to Shri G.C Ghosh in line with Hindu rites toward 10-5-1984 and since upcoming both had been joyfully living from the Delhi. The next sentences of your own writ petition, being related for this instance, try cited below:

“fifteen. Respondent 3 and showed a certification issued of the office off the newest Maulana Qari Mohammad Idris, Shahi Qazi dated 17-6-1992 certifying one Respondent step 3 had accepted Islam. Genuine duplicate of the certificate are annexed to the present petition and you may designated since Annexure II.

16. That the petitioner called their particular father and aunt and you will advised all of them regarding their unique partner’s conversion process and you may intention so you’re able to remarry. Each of them made an effort to persuade Respondent step 3 and you will speak him out of the matrimony but so you can zero avail in which he insisted you to definitely Sushmita need agree to a divorce or separation if you don’t she will need certainly to put up with the following spouse.

17. This entirely for the intended purpose of re. He will not training the fresh new Muslim rites given that prescribed neither provides he altered their identity otherwise religion or any other official files.

18. She avers you to this lady has started discriminated facing of the one area of Muslim personal laws which is enforced of the Condition action from the virtue of the Muslim Individual Laws (Shariat) Operate, 1937. It’s filed you to for example step is in comparison to Post fifteen(1) which will be unconstitutional.

The petitioner asserts their unique important legal rights secured of the Post fifteen(1) not to become discriminated facing on the floor out-of religion and you will sex alone

19. Your details of the matter would be the fact Respondent step 3 have then followed new Muslim religion and become a become one religion into just aim of with a moment spouse which is taboo strictly underneath the Hindu legislation. They you prefer barely become mentioned that the brand new told you sales was not an issue of Respondent step 3 which have trust from the Muslim religion.

21. One to prior to now several years, it is very common involving the Hindu males who you should never score a separation and divorce using their first partner, they become Muslim faith entirely for the purpose of matrimony. and you will keep their service and all sorts of most other providers within dated identity and faith.

It practice are usually used by the individuals erring husbands which accept Islam for the intended purpose of 2nd marriage but once more feel reconverts in order to retain its legal rights about features etc

22. 1079 of 1989 where which Hon’ble Courtroom might have been happier to know a similar. Real backup of your acquisition old 23-4-1990 in addition to purchase admitting the new petition was annexed into the expose petition and you may designated since the Annexure III (collectively).”

“(a) from the an appropriate writ, purchase Lue tГ¤mГ¤ or guidelines, ous marriage ceremonies because of the Hindus and you can low-Hindus immediately after conversion so you can Islam religion as illegal and void;

(b) topic appropriate tips in order to Participants 1 and you will 2 to carry out appropriate amendments from the Hindu Marriage Operate so as to reduce and prohibit the practice of polygamy;

(c) procedure suitable assistance to state that in which a low-Muslim male gets changed into the fresh ‘Muslim’ faith with no actual transform out-of religion and simply having a viewpoint to end a young relationship otherwise enter into good second relationships, people relationships entered to the by the him just after transformation could be emptiness;