24. Assuming that an effective Hindu husband have a straight to embrace Islam as their faith, they have no correct within the Work so you’re able to get married once again as opposed to delivering his earlier relationships according to the Operate demolished. ”
Looked out-of an alternative direction, the following relationship of an apostate spouse might possibly be for the violation of your guidelines of natural justice
and you will argued one to such as for instance interested in carry out bring the new reputation of your next partner just like the regarding an effective concubine and you will children created away from you to definitely wedlock once the illegitimate. This problem is not active in the establish case. What we are thinking about is the aftereffect of next relationships qua the first marriage and therefore subsists notwithstanding transformation out-of the fresh new husband to help you Islam, toward restricted function of ascertaining their unlawful liability below Part 17 of one’s Hindu Matrimony Act realize that have Part 494 IPC. When that it question is elevated, it will be offered to the latest people so you can agitate the fresh new validity of these wife and you can students as well as their liberties when you look at the compatible process or message board.
65. Along with determining the question away from rules regarding your translation out of Area 494 IPC, one of many Hon’ble Evaluator (Kuldip Singh, J.) once speaing frankly about this new observations created by this Courtroom when you look at the Mohd. Ahmed Khan v. 651, con el fin de 37). Because behalf guidance are issued to your Regulators of Asia, Secretary, Ministry out of Law & Justice so you’re able to document an enthusiastic affidavit out of a responsible administrator proving therein brand new steps pulled and you can jobs made on the protecting good uniform civil code towards the people of India. Towards question of an excellent uniform municipal code Roentgen.Meters Sahai, J. additional Hon’ble Judge constituting the brand new Counter advised specific strategies and this was done from the Government to check brand new abuse off religion because of the unethical people, who underneath the cloak from sales have been seen to be if not responsible for polygamy. It actually was observed you to: (SCC p. 652, para forty-five)
“The government is well advised so you can entrust the responsibility so you’re ByrГҐ japancupid able to what the law states Percentage which ine the condition and you can result in a good full statutes in keeping with progressive-time notion of human liberties for ladies.”
66. Inside Maharshi Avadheshpetitioner/ v. Connection Of India. 1994 Supp 1 SCC 713 that it Judge got especially refused so you’re able to matter a writ directing this new participants to look at issue out of enacting a common municipal password for all people off Asia holding that the thing raised being a point of policy, it was to the legislature when deciding to take effective tips while the Court cannot legislate.
67. In Ahmedabad Female Action Category (AWAG) v. Relationship out of Asia that it Judge got labeled brand new view during the Sarla Mudgal case and you will kept: (SCC pp. 581-82, paras 12-14)
Shah Bano Begum 1985 dos SCC 556 requested government entities away from India through the Perfect Minister of the nation to possess a great fresh look on Post forty-two of Constitution from Asia and you will “efforts in order to secure to the residents good consistent civil code while in the this new region from Asia” (SCC p
“a dozen. We may after that declare that the question about your desirability from enacting an effective uniform municipal password did not directly develop within the you to circumstances. All the questions which have been created having choice by Kuldip Singh, J. in the view was in fact these types of: ( SCC p. 639, para 2)
‘[W]hether an excellent Hindu spouse, , is solemnise the second marriage? Whether or not such as for example a marriage without any first relationships dissolved below rules, might be a legitimate relationships qua the first wife who continues to get a Hindu? Perhaps the apostate husband would be responsible for the newest offence significantly less than Part 494 of the Indian Penal Password (IPC)?’