Lily Thomas While others v. Union Away from Asia And others

S. Saghir Ahmad, J. (concurring)- We respectfully concur with the opinions expressed by my personal esteemed sister, Sethi, J., on the erudite judgment made by your, by which the newest writ petitions and also the review petition are being disposed of finally. I, yet not, wish to put a nutshell of my personal.

dos. Smt Sushmita Ghosh, that is the partner away from Shri G.C Ghosh (Mohd. Karim Ghazi) filed a writ petition [Writ Petition (C) No. 509 out-of 1992] inside Legal saying that she is hitched so you’re able to Shri Grams.C Ghosh relative to Hindu rites for the ten-5-1984 and because following both of them was joyfully traditions at Delhi. Next paragraphs of one’s writ petition, which are related for this case, are cited lower than:

“15. Respondent 3 in addition to demonstrated a certification approved because of the work environment out of the brand new Maulana Qari Mohammad Taiwanese varme kvinner Idris, Shahi Qazi dated 17-6-1992 certifying one Respondent step three had embraced Islam. True copy of your own certificate is actually annexed to the current petition and designated as Annexure II.

sixteen. The petitioner contacted her father and you will sister and you may advised all of them from the her partner’s conversion process and purpose to remarry. All of them attempted to encourage Respondent step three and talk your away of matrimony however, to help you no get and then he insisted you to Sushmita need commit to a divorce proceedings otherwise she will have to put up with the next partner.

17. That it exclusively for the purpose of re. He doesn’t practise new Muslim rites once the given nor keeps he altered their term otherwise faith and other formal files.

18. She avers you to definitely this lady has started discriminated facing by the one part of Muslim private legislation which is implemented of the County action by advantage of the Muslim Private Rules (Shariat) Operate, 1937. It is registered you to including action is actually in comparison to Post fifteen(1) and that is unconstitutional.

Your petitioner claims their own important liberties guaranteed of the Post fifteen(1) never to feel discriminated up against on to the floor off religion and you can sex by yourself

19. Your realities of your number is the fact Respondent 3 provides accompanied the newest Muslim faith and be a become you to definitely religion with the best purpose of having a second partner that’s forbidden strictly within the Hindu law. It you would like rarely end up being said that the latest told you transformation was not a matter of Respondent step three having believe throughout the Muslim faith.

21. You to definitely in earlier times several years, it’s become common amongst the Hindu men exactly who usually do not score a divorce proceedings off their first wife, they convert to Muslim religion only for the purpose of marriage. and you may keep their service and all most other business within dated title and you can religion.

That it behavior is invariably then followed by people erring husbands just who accept Islam with regards to 2nd marriage but once more feel reconverts to be able to maintain the legal rights in the qualities an such like

22. 1079 out of 1989 in which which Hon’ble Judge has been delighted in order to recognize an identical. True duplicate of your own order old 23-4-1990 therefore the purchase admitting the latest petition was annexed into establish petition and you will designated since the Annexure III (collectively).”

“(a) because of the an appropriate writ, purchase otherwise guidance, ous marriages from the Hindus and non-Hindus just after transformation so you can Islam faith while the unlawful and you can gap;

(b) material appropriate instructions so you’re able to Respondents step 1 and you can 2 to handle suitable amendments about Hindu Matrimony Act so as to reduce and you will forbid the practice of polygamy;

(c) question appropriate guidelines to declare that in which a low-Muslim male will get transformed into the fresh new ‘Muslim’ faith without any real transform regarding belief and simply with a standpoint to avoid an early on matrimony otherwise enter into a good second wedding, any matrimony entered toward by him shortly after transformation might possibly be gap;