24. Providing an excellent Hindu partner has actually a directly to accept Islam as his religion, he’s zero correct within the Operate so you’re able to get married once again in the place of bringing his prior to marriage in Act dissolved. ”
Appeared out-of yet another perspective, next wedding off an apostate husband would be for the solution of the guidelines out of natural justice
and argued that including looking do offer the condition of your second spouse once the that of good concubine and you may people created of one wedlock because illegitimate. This problem is not involved in the present instance. Whatever you are thinking about ‘s the effectation of the next relationships qua the initial matrimony and that subsists regardless of transformation out-of the fresh partner to help you Islam, toward limited intent behind ascertaining his unlawful accountability significantly less than Point 17 of your own Hindu Relationships Work comprehend having Section 494 IPC. Whenever so it real question is increased, it will be open to the brand new functions to help you agitate the legitimacy of these partner and you can students and their liberties within the suitable proceedings otherwise message board.
65. In addition to choosing issue away from laws regarding the interpretation out of Point 494 IPC, among the Hon’ble Evaluator (Kuldip Singh, J.) immediately after writing about the brand new findings from which Judge during the Mohd. Ahmed Khan v. 651, para 37). In this part direction was provided on Bodies away from India, Secretary, Ministry out of Rules & Justice to help you file an affidavit from a responsible manager indicating therein brand new tips pulled and jobs produced into the securing an excellent consistent civil password toward people from India. Towards question of an effective uniform municipal password Roentgen.M Sahai, J. the other Hon’ble Court constituting new Bench advised certain strategies which will be done by the Government to test the fresh punishment from religion of the unethical persons, which under the cloak regarding sales was seen to be if not responsible for polygamy. It absolutely was noticed you to: (SCC p. 652, para poder forty-five)
“The federal government could well be well-advised to help you entrust the burden to what the law states Commission hence ine the issue and you will end up in a beneficial complete rules in line with modern-big date concept of peoples liberties for women.”
66. During the Maharshi Avadheshpetitioner/ v. Commitment Off India. 1994 Supp 1 SCC 713 that it Judge got particularly refused so you’re able to matter good writ pointing this new respondents to look at issue regarding enacting a familiar civil code for everybody people regarding India holding that the situation elevated becoming a question of coverage, it absolutely was on the legislature when planning on taking productive steps because Courtroom you should never legislate.
67. When you look at the Ahmedabad Feminine Action Category (AWAG) v. Commitment of India this Judge had described the new judgment from inside the Sarla Mudgal situation and you can kept: (SCC pp. 581-82, paras 12-14)
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Shah Bano Begum 1985 2 SCC 556 asked government entities from India from Perfect Minister of the country getting a great fresh look during the Article 49 of the Structure away from India and you may “endeavour so you’re able to secure into citizens a good uniform municipal code through the the area of India” (SCC p
“several. We would next declare that issue about your desirability out-of enacting an effective consistent civil code don’t personally occur within the one to situation. All the questions that have been conceived having decision by the Kuldip Singh, J. in the judgment had been these: ( SCC p. 639, para 2)
‘[W]hether a beneficial Hindu husband, , can solemnise an extra marriage? If or not such as for instance a married relationship minus the earliest matrimony demolished not as much as legislation, will be a legitimate matrimony qua the original partner which goes on to get an excellent Hindu? Whether the apostate partner could be responsible for the fresh new offense lower than Part 494 of your own Indian Penal Code (IPC)?’