24. Provided an effective Hindu spouse features a right to accept Islam because the their religion, they have zero right within the Work in order to wed once more rather than getting his earlier matrimony beneath the Operate dissolved. ”
Featured regarding an alternative perspective, the next matrimony off a keen apostate husband was in the violation of your own statutes off absolute justice
and you may argued that such interested in create offer brand new updates of your own next partner since the that of an excellent concubine and you may college students produced off one wedlock since the illegitimate. This issue isn’t involved in the expose instance. What we are planning on ‘s the effect of the next relationship qua the initial marriage and therefore subsists in spite of sales out-of the fresh spouse so you’re able to Islam, with the limited intent behind ascertaining their unlawful liability less than Part 17 of your Hindu Wedding Act discover having Point 494 IPC. Whenever this question for you is elevated, it would be open to the activities so you’re able to agitate new legitimacy of such spouse and you may college students as well as their rights in compatible process otherwise message board.
65. Besides deciding the question off laws concerning your Makedonia naiset translation of Section 494 IPC, among the many Hon’ble Evaluator (Kuldip Singh, J.) immediately after dealing with the fresh observations created by that it Court when you look at the Mohd. Ahmed Khan v. 651, para poder 37). For the reason that part guidelines try provided with the Government away from India, Secretary, Ministry regarding Laws & Justice so you’re able to document an enthusiastic affidavit out of an accountable manager exhibiting therein the procedures drawn and you will operate generated into the securing a consistent civil password to the customers away from India. Into the question of a beneficial uniform municipal code R.M Sahai, J. others Hon’ble Legal constituting brand new Workbench suggested specific tips and therefore could well be undertaken of the Authorities to check the latest punishment off religion from the unethical individuals, who within the cloak regarding transformation was seen to be if not responsible for polygamy. It absolutely was noticed you to definitely: (SCC p. 652, para forty five)
“The government was well advised so you can entrust the responsibility so you’re able to the law Payment which ine the condition and you can cause an effective comprehensive regulations consistent with progressive-date notion of individual legal rights for ladies.”
66. Within the Maharshi Avadheshpetitioner/ v. Union Out-of India. 1994 Supp step one SCC 713 that it Court got especially declined so you’re able to topic a good writ leading this new respondents to take on issue off enacting a familiar civil code for everyone residents out of India holding the point elevated being a question of plan, it was on the legislature to take active actions while the Legal you should never legislate.
67. In Ahmedabad Female Step Class (AWAG) v. Union regarding Asia so it Court had referred to brand new view in the Sarla Mudgal instance and you will held: (SCC pp. 581-82, paras a dozen-14)
Shah Bano Begum 1985 dos SCC 556 asked the federal government regarding Asia through the Perfect Minister of the nation to have good new look within Blog post 44 of your own Constitution off Asia and “attempts to help you secure into the owners an effective consistent civil code during brand new region out-of India” (SCC p
“several. We could possibly further say that issue regarding the desirability off enacting a beneficial consistent municipal code did not myself occur inside you to definitely circumstances. The questions that happen to be developed to have choice by the Kuldip Singh, J. within his wisdom had been this type of: ( SCC p. 639, con el fin de 2)
‘[W]hether an effective Hindu husband, , normally solemnise an additional wedding? If or not eg a wedding with no earliest marriage mixed not as much as legislation, could well be a legitimate wedding qua the initial spouse which continues to be an excellent Hindu? Whether the apostate spouse might possibly be guilty of this new offence lower than Point 494 of the Indian Penal Password (IPC)?’