24. Provided a great Hindu partner has a straight to accept Islam once the his religion, he’s got no right beneath the Operate so you’re able to wed again without providing their before wedding in Act demolished. ”
Searched out-of a different perspective, the following wedding out of an apostate husband would be within the violation of the laws out of absolute justice
and you can argued one like finding carry out provide the position of one’s second spouse since that of a concubine and college students born off that wedlock given that illegitimate. This dilemma isn’t involved in the present case. Whatever you are considering is the effectation of next relationship qua the original matrimony and this subsists despite transformation away from the fresh new husband to help you Islam, into limited purpose of ascertaining their unlawful liability significantly less than Part 17 of your Hindu Matrimony Operate read with Area 494 IPC. As and when it real question is elevated, it will be available to the activities to agitate the latest authenticity of such spouse and you may students in addition to their liberties into the suitable legal proceeding or discussion board.
65. Besides determining issue away from laws concerning your interpretation off Point 494 IPC, among the Hon’ble Judges (Kuldip Singh, J.) immediately following talking about the brand new findings produced by which Court in Mohd. Ahmed Khan v. 651, para poder 37). Where part guidance try provided on the Regulators off India, Secretary, Ministry regarding Law & Justice in order to file a keen affidavit of a responsible administrator exhibiting therein brand new strategies drawn and you will services made into securing good consistent civil password toward citizens out-of India. On the matter of an effective consistent civil password R.Yards Sahai, J. one other Hon’ble Court constituting new Workbench advised particular methods which would-be done by Authorities to check the discipline from faith of the unethical individuals, exactly who beneath the cloak away from sales was in fact found to be if not guilty of polygamy. It had been seen one: (SCC p. 652, con el fin de forty-five)
“The us government might be well-advised to help you entrust the burden so you can regulations Percentage and this ine the issue and you may end in a great total legislation in line with progressive-day concept of person liberties for women.”
66. Into the Maharshi Avadheshpetitioner/ v. Commitment Regarding Asia. 1994 Supp step one SCC 713 so it Legal had especially denied in order to topic a beneficial writ directing this new respondents to take on issue from enacting a familiar municipal password for everyone residents out-of Asia holding your question raised becoming a matter of policy, it actually was toward legislature when planning on taking energetic procedures just like the Court try not to legislate.
67. Inside the Ahmedabad Female Step Group (AWAG) v. Commitment away from India this Judge got described the new view inside the Sarla Mudgal situation and held: (SCC pp. 581-82, paras twelve-14)
Shah Bano Begum 1985 2 SCC 556 requested the government out-of Asia from Primary Minister of the country to have a new look on Article forty-two of your Constitution of India and you may “efforts so you’re able to safe on customers an effective consistent municipal password while in the the latest territory regarding Asia” (SCC p
“twelve. We might then claim that practical question regarding your desirability off enacting an excellent consistent civil code don’t physically develop in you to case. The questions that have been invented having choice because of the Kuldip Singh, J. inside the judgment had been this type of: ( SCC p. 639, para dos)
‘[W]hether good Hindu spouse, , is solemnise an additional matrimony? If or not instance a married relationship without having the first wedding dissolved not as much as law, would be a valid positive singles arvostelut marriage qua the first wife who goes on become an effective Hindu? Perhaps the apostate partner would be accountable for brand new offense around Area 494 of your own Indian Penal Password (IPC)?’