24. Provided a Hindu spouse possess a straight to accept Islam just like the his religion, they have no correct underneath the Act to help you get married once more in the place of providing his earlier wedding underneath the Operate mixed. ”
Looked out-of a different perspective, the following matrimony regarding a keen apostate partner will be inside the pass of your own rules away from sheer fairness
and you may contended one to such as wanting do provide this new reputation of your own 2nd partner since the that of an excellent concubine and you may college students born off one wedlock due to the fact illegitimate. This dilemma isn’t active in the present instance. What we are thinking about is the effect of the following relationship qua the initial relationships hence subsists regardless of transformation away from the newest partner to help you Islam, towards the minimal intent behind ascertaining his unlawful responsibility significantly less than Point 17 of one’s Hindu Wedding Work see that have Section 494 IPC. Whenever it question is raised, it will be accessible to the fresh parties to help you agitate the latest validity of these partner and you can people and their liberties when you look at the appropriate legal proceeding otherwise forum.
65. As well as deciding issue regarding law about your translation off Point 494 IPC, among Hon’ble Evaluator (Kuldip Singh, J.) immediately following referring to the fresh new observations from which Legal in the Mohd. Ahmed Khan v. 651, para poder 37). For the reason that behalf direction are granted toward Government out-of Asia, Assistant, Ministry out of Rules & Justice to file an affidavit off an accountable officer proving therein this new measures drawn and you can perform produced toward protecting a beneficial uniform civil code on the owners out-of Asia. To the matter of good uniform municipal password R.Meters Sahai, J. additional Hon’ble Legal constituting the latest Bench recommended specific steps hence will be done because of the Government to check on the new punishment off faith by the unethical people, whom underneath the cloak of conversion process was seen to be otherwise responsible for polygamy. It had been seen you to: (SCC p. 652, para 45)
“Government entities was well-advised so you’re able to trust the burden to help you the law Fee and therefore ine the problem and you will bring about an excellent comprehensive statutes consistent with progressive-big date thought of people rights for ladies.”
66. Inside Maharshi Avadheshpetitioner/ v. Commitment Off India. 1994 Supp 1 SCC 713 which Judge got especially denied to help you point good writ leading this new respondents to take on practical question away from enacting a common municipal password for everyone customers away from Asia holding the procedure elevated getting a matter of plan, it actually was on the legislature when deciding to take active measures due to the fact Courtroom cannot legislate.
67. From inside the Ahmedabad Feminine Step Category (AWAG) v. Partnership away from India it Courtroom got referred to the fresh new judgment from inside the Sarla Mudgal case and held: (SCC pp. 581-82, paras several-14)
Shah Bano Begum 1985 dos SCC 556 asked government entities out-of India through the Primary Minister of the country having good fresh look at the Post forty-two of Structure regarding Asia and you may “attempts so you’re able to secure https://kissbrides.com/fi/japanilaiset-naiset/ into the customers good uniform municipal code during the the new region out of India” (SCC p
“a dozen. We would subsequent point out that issue about your desirability out-of enacting good uniform municipal code failed to individually develop in the one to instance. All the questions which were created to have choice by Kuldip Singh, J. within his view was such: ( SCC p. 639, para poder 2)
‘[W]hether an excellent Hindu partner, , can be solemnise the next relationship? If or not like a married relationship without any basic wedding demolished lower than laws, would-be a legitimate matrimony qua the original partner just who goes on are a beneficial Hindu? If the apostate partner was guilty of the offense under Part 494 of your Indian Penal Password (IPC)?’