24. If good Hindu husband has a straight to incorporate Islam due to the fact their religion, he’s zero proper according to the Act so you can wed once more versus bringing his prior to wedding underneath the Operate demolished. ”
Featured off a different sort of angle, next wedding out of a keen apostate partner might possibly be for the solution of your legislation off absolute fairness
and you may debated you to definitely eg searching for carry out bring the latest position of second wife given that that an excellent concubine and you will students created away from you to wedlock just like the illegitimate. This problem is not mixed up in present circumstances. Whatever you are planning on is the aftereffect of the following wedding qua the first relationships hence subsists regardless of conversion process out of new partner in order to Islam, with the restricted function of ascertaining his unlawful accountability around Section 17 of Hindu Marriage Operate realize with Section 494 IPC. As and when this real question is increased, it might be accessible to the newest parties in order to agitate the latest authenticity of such wife and you may children as well as their rights in suitable legal proceeding or message board.
65. In addition to choosing issue regarding law regarding the interpretation of Area 494 IPC, one of the Hon’ble Judges (Kuldip Singh, J.) shortly after writing about new observations produced by so it Legal for the Mohd. Ahmed Khan v. 651, con el fin de 37). Where behalf assistance is actually given for the Government out of Asia, Secretary, Ministry regarding Legislation & Fairness to document an enthusiastic affidavit regarding a responsible officer indicating therein the fresh steps pulled and you may work made to the protecting good consistent civil code into owners out of Asia. Towards question of a consistent civil password Roentgen.Meters Sahai, J. another Hon’ble Judge constituting brand new Bench advised specific tips hence would-be done by the Regulators to check the punishment out of religion because of the dishonest persons, who underneath the cloak off conversion was found to be if not guilty of polygamy. It actually was noticed one: (SCC p. 652, para poder forty-five)
“The us government will be well advised to trust the burden so you’re able to the law Commission and therefore ine the condition and you may cause good full regulations in line with modern-time notion of person rights for women.”
66. When you look at the Maharshi Avadheshpetitioner/ v. Union Out-of Asia. 1994 Supp step one SCC 713 it Court got specifically rejected so you can thing good writ leading brand new respondents to adopt practical question out of enacting a common municipal code for everybody customers of India holding that topic increased are a matter of rules, it was towards legislature to take effective strategies because Legal don’t legislate.
67. Into the Ahmedabad Women Step Category (AWAG) v. Connection out of Asia so it Judge got known the fresh judgment for the Sarla Mudgal case and you can held: (SCC pp. 581-82, paras a dozen-14)
Shah Bano Begum 1985 dos SCC 556 questioned government entities off India through the Prime Minister of the nation to own a great new look from the Article forty two of your Constitution out-of Asia and you will “attempts so you can safe to the residents good uniform municipal code through the the latest territory from India” (SCC p
“12. We may then claim that issue concerning your desirability regarding enacting a good consistent municipal code don’t myself arise within the you to definitely situation. The questions that have been designed to have choice by the Kuldip Singh, J. in the view had been this type of: ( SCC p. 639, para poder dos)
‘[W]hether a good Hindu husband, , normally solemnise an additional matrimony? Whether or not such as a married relationship without basic marriage mixed not as much as legislation, could well be a valid marriage qua the initial wife whom continues are a beneficial Hindu? Perhaps the apostate spouse would-be responsible for the new offence under Point 494 of Indian Kazakh hot girl sexy Penal Code (IPC)?’