24. Provided a Hindu partner has actually a directly to incorporate Islam while the his faith, he has got no right in Work so you can wed again instead delivering his prior to marriage under the Act demolished. ”
Looked off a different direction, the second matrimony away from an apostate spouse is into the citation of laws of absolute fairness
and debated you to definitely such seeking carry out bring the new reputation of the second wife as compared to an excellent concubine and you may college students born out of you to wedlock because illegitimate. This issue is not mixed up in introduce instance. What we should are planning on ‘s the effect of the following marriage qua the first relationship which subsists despite conversion process of this new partner to Islam, on limited function of ascertaining his criminal liability less than Area 17 of your own Hindu Relationship Operate read which have Part 494 IPC. When that it real question is elevated, it would be accessible to the fresh activities to agitate the newest legitimacy of such wife and you can children as well as their liberties for the compatible process otherwise message board.
65. Besides determining the question regarding laws concerning your translation off Area 494 IPC, among the many Hon’ble Judges (Kuldip Singh, J.) immediately after referring to the fresh new observations produced by which Legal when you look at the Mohd. Ahmed Khan v. 651, para poder 37). Where account guidance are approved on Regulators regarding Asia, Secretary, Ministry out of Legislation & Fairness so you can file a keen affidavit out-of a responsible administrator showing therein the fresh new strategies removed and you will jobs generated toward protecting an effective uniform municipal password to the people out-of India. To your case of a beneficial uniform civil code Roentgen.Yards Sahai, J. one other Hon’ble Legal constituting the newest Workbench suggested certain tips which would-be performed from the Authorities to test new discipline out of religion because of the unscrupulous people, just who according to the cloak of transformation had been seen to be otherwise accountable for polygamy. It had been noticed you to: (SCC p. 652, para poder 45)
“The us government might be well onko turvallista tapailla naisia pohjoismainen: sta? advised to help you entrust the burden in order to legislation Percentage which ine the matter and you can end in an effective full legislation in keeping with modern-date thought of person rights for females.”
66. Inside Maharshi Avadheshpetitioner/ v. Commitment From Asia. 1994 Supp step one SCC 713 which Court got particularly declined to situation a beneficial writ leading this new participants to adopt practical question off enacting a familiar civil code for everyone people out-of India carrying the matter elevated becoming a question of coverage, it was toward legislature when planning on taking active strategies since the Court never legislate.
67. During the Ahmedabad Female Step Class (AWAG) v. Connection of Asia it Courtroom had known this new judgment inside the Sarla Mudgal instance and you may held: (SCC pp. 581-82, paras twelve-14)
Shah Bano Begum 1985 dos SCC 556 questioned the federal government regarding India from the Best Minister of the nation getting a good new look during the Article forty two of the Constitution out-of Asia and “efforts in order to secure into residents an effective uniform civil password through the new area out-of India” (SCC p
“several. We may after that claim that practical question regarding your desirability from enacting an effective uniform municipal code didn’t physically happen inside the you to situation. All the questions that have been designed having decision by Kuldip Singh, J. inside the view had been these: ( SCC p. 639, para 2)
‘[W]hether a Hindu husband, , can be solemnise a second matrimony? If such as for example a wedding without having the very first matrimony mixed lower than legislation, would-be a valid relationships qua the first partner exactly who continues on are a Hindu? Perhaps the apostate husband is accountable for the latest offense lower than Part 494 of one’s Indian Penal Password (IPC)?’