24. So long as a beneficial Hindu partner features a directly to embrace Islam given that their religion, he has no best according to the Act in order to marry again as opposed to delivering their prior to wedding according to the Work mixed. ”
Featured out-of another direction, the following wedding of an enthusiastic apostate spouse will be in the pass of the legislation away from pure justice
and you can argued one to such searching for create provide the fresh new reputation of the 2nd spouse because regarding a beneficial concubine and you will people born from one Hvordan postordre Brides fungerer wedlock as the illegitimate. This dilemma is not active in the present instance. What we are planning on ‘s the effectation of the next marriage qua the first relationship which subsists regardless of conversion of this new spouse to help you Islam, to your minimal aim of ascertaining his criminal accountability lower than Section 17 of your own Hindu Relationships Act understand which have Section 494 IPC. Whenever so it question for you is increased, it could be open to brand new parties so you’re able to agitate the latest legitimacy of these wife and you may college students and their rights in appropriate proceedings otherwise forum.
65. Besides determining the question out of laws regarding your interpretation regarding Point 494 IPC, one of the Hon’ble Judges (Kuldip Singh, J.) once speaing frankly about the brand new observations created by which Court in Mohd. Ahmed Khan v. 651, para 37). Where account recommendations are provided with the Bodies away from Asia, Secretary, Ministry away from Legislation & Justice to document an enthusiastic affidavit regarding an accountable manager showing therein the latest steps drawn and you can operate made toward protecting a great consistent municipal code towards owners out of India. Into case of a uniform municipal password R.M Sahai, J. additional Hon’ble Legal constituting the newest Table suggested specific methods and therefore could be undertaken from the Bodies to evaluate the latest abuse away from faith by unscrupulous persons, just who in cloak regarding sales were found to be if you don’t responsible for polygamy. It had been noticed one: (SCC p. 652, para 45)
“The us government is well advised so you’re able to entrust the responsibility in order to regulations Fee hence ine the problem and you can cause a complete guidelines consistent with progressive-date concept of peoples rights for females.”
66. In the Maharshi Avadheshpetitioner/ v. Partnership Away from India. 1994 Supp 1 SCC 713 it Courtroom had particularly refused so you’re able to procedure a good writ directing the fresh new participants to adopt practical question away from enacting a familiar municipal code for all customers off Asia holding that the point raised are an issue of coverage, it absolutely was into the legislature to take effective procedures given that Courtroom cannot legislate.
67. In Ahmedabad Feminine Action Class (AWAG) v. Union out of Asia which Legal got labeled the latest judgment in the Sarla Mudgal instance and you may stored: (SCC pp. 581-82, paras twelve-14)
Shah Bano Begum 1985 dos SCC 556 requested the government of India through the Prime Minister of the country to possess good fresh look within Blog post 44 of Composition from India and you can “endeavour so you can secure on people a good consistent municipal password throughout this new region regarding India” (SCC p
“several. We would further claim that the question regarding your desirability out of enacting an excellent uniform municipal password failed to yourself arise inside the one circumstances. The questions that have been devised having decision from the Kuldip Singh, J. within his view was these: ( SCC p. 639, con el fin de 2)
‘[W]hether a Hindu partner, , can solemnise another matrimony? If or not such as a marriage minus the basic wedding dissolved lower than rules, would be a legitimate relationships qua the original partner which continues on to-be good Hindu? Whether or not the apostate husband could be responsible for the new offence less than Point 494 of your Indian Penal Code (IPC)?’
