24. So long as good Hindu spouse enjoys a right to incorporate Islam since their religion, they have zero proper underneath the Act in order to wed once again rather than providing his before relationship within the Operate mixed. ”
Searched of an alternative direction, the following relationship off an enthusiastic apostate spouse would be in pass of the laws and regulations out of pure fairness
and you may debated you to such as for example searching for do provide the new updates of the next spouse as the that a great concubine and you will students created away from you to definitely wedlock as illegitimate. This matter is not active in the introduce circumstances. What we are thinking about ‘s the effectation of the second relationships qua the original wedding and that subsists notwithstanding sales regarding the brand new spouse in order to Islam, on restricted purpose of ascertaining their criminal responsibility under Area 17 of the Hindu Wedding Operate see that have Point 494 IPC. When which question for you is raised, it might be accessible to the fresh new parties so you’re able to agitate this new validity of such partner and you may college students in addition to their rights inside appropriate procedures otherwise forum.
65. Besides determining the question of laws regarding your interpretation of Section 494 IPC, among the Hon’ble Judges (Kuldip Singh, J.) shortly after discussing the brand new observations made by which Judge inside the Mohd. Ahmed Khan v. 651, para poder 37). Because account guidelines was issued on Authorities regarding India, Secretary, Ministry regarding Legislation & Fairness in order to document a keen affidavit off an accountable administrator indicating therein the fresh new tips taken and you may work generated on the protecting good uniform municipal password to your residents regarding India. Toward matter of good consistent municipal code R.Yards Sahai, J. one other Hon’ble Judge constituting new Table suggested some tips and therefore is performed because of the Bodies to check the newest discipline out of faith by the unscrupulous individuals, which within the cloak from sales was indeed discovered to be or even responsible for polygamy. It had been noticed you to definitely: (SCC p. 652, para poder 45)
“The federal government will be well-advised so you can trust the duty in order to regulations Payment and therefore ine the condition and produce an excellent total legislation in line with progressive-go out thought of individual rights for females.”
66. Inside Maharshi Avadheshpetitioner/ v. Union Off Asia. 1994 Supp step one SCC 713 this Courtroom had specifically declined so you can issue a good writ directing the new participants to adopt practical question from enacting a common municipal password for everyone residents from Asia carrying your material increased being a point of coverage, it had been on the legislature for taking active measures because the Legal never legislate.
67. Inside the Ahmedabad Feminine Step Group (AWAG) v. Commitment away from India so it Courtroom had known jollyromance keskusteluhuone the fresh judgment when you look at the Sarla Mudgal circumstances and you may stored: (SCC pp. 581-82, paras twelve-14)
Shah Bano Begum 1985 2 SCC 556 requested the federal government off Asia through the Primary Minister of the nation having a beneficial fresh look within Post 49 of one’s Constitution off Asia and you can “endeavour to secure to the people a great uniform municipal password through the the fresh territory off Asia” (SCC p
“a dozen. We might next claim that practical question about your desirability off enacting a great uniform municipal password failed to physically develop when you look at the you to situation. All the questions which have been devised to have decision because of the Kuldip Singh, J. within his judgment was such: ( SCC p. 639, para poder dos)
‘[W]hether a Hindu spouse, , can be solemnise another marriage? Whether or not eg a marriage without having the basic relationship mixed less than law, would-be a legitimate relationships qua the initial partner which goes on are a beneficial Hindu? Whether the apostate husband could be accountable for the new offense not as much as Section 494 of your Indian Penal Code (IPC)?’