Result of the interpretation, we have given to Section IPC, would be that the Hindu Law on the one hand and the Muslim Law on the other hand would operate within their respective ambits without trespassing on the personal laws of each other. Religion is more than mere matter of faith. Peerbhoy that justice and right requires that we should apply Muslim law in dealing this case. One of the grounds under Section 13 i ii is that “the other party has ceased to be a Hindu by conversion to another religion”. But, a beginning has to be made is the Constitution is to have any meaning. The second marriage would be void in terms of the provisions of Section IPC and the apostate-husband would be guilty of the offence under Section IPC. On April 20, , the husband told her that he no longer wanted to live with her and as such she should agree to divorce by mutual consent.
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It guarantees all persons, not only freedom of conscience but the right to profess, practice and propagate religion. Inevitably, the role of the reformer has to be assumed by the courts because, it is beyond the endurance of sensitive minds to allow injustice to be suffered when it is so palpable. The Act applies to Hindus by religion in any of its forms or developments.
I can see no reason why the Mahommedan Law should be preferred to the Jewish Law in a matrimonial dispute between a Mahommdan and a Jew particularly when the relationship, viz.: When a Hindu becomes convert by reciting Kalma or a Mulsim becomes Hindu by reciting certain Mantras it is a matter of belief and conscience.
Political history of India shows that during the Muslim regime, justice was administered by the Qazis who would obviously apply the Muslim Scriptural law to Muslims, but there was no similar assurance so far litigations concerning Hindus was concerned. As I stated in a previous case there is no matrimonial law of general application in India. It may be that a marriage solemnised according to Mahommedan Law may be dissolved according to the Mahommedan Law when one of the parties ceases to be a Mahommedan.
The decision of Privy Council was on the facts of the case, specially in the background of the two personal laws operating in Ceylon. Freedom of religion is the core of our culture. The Privy Council in Waghela Rajsanji v. She was charged with an offence under Section of the Indian Penal Code. The pattern of debate, even today, is the same as was voiced forcefully by the members of the minority community in the Constituent Assembly.
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The Successive Governments till-date have been wholly re-miss in their duty of implementing the constitutional mandate under Article 44 of the Constitution of India. The Christian wife renounced Christianity and embraced Islam and then married a Mohomedan. Do then the authorities compel me to hold that one spouse can by changing his or her religious opinions or purporting to do so force his or her newly acquired personal law on a party to whom it is entirely alien and who does not want it? The expression “void” under sectionIPC has been used in the wider sense.
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Remember me on this computer. It would be tantamount to permitting the wife to force a divorce upon her husband although he may not want it and although the marriage vows which both of them have taken would not permit it.
This is a very clear and emphatic indication that the Indian legislature has departed from; the rigor of the ancient Muslim law and has taken yzdav more modern view that there is nothing to prevent a happy marriage notwithstanding the fact that the two parties to it professed different religious. The second marriage of a Hindu husband after embracing Islam being violative of justice, equity and good conscience would be void on that ground also and attract the provisions of SectionIPC.
Nor is a statesman of the stature of Pt. If it is correct, it follows that a Christian husband can embrace Islam and, the next moment, three additional wives, without even the consent of the original wife. Click here to sign up. A Hindu marriage solemnised under the Act can only be dissolved on any of the priyansbu specified under the Act.
Article 44 is based on the concept that there is no necessary connection between religion and personal law in a civilised society. It has a limited meaning within the scope of the definition under the Section.
A marriage performed under the Act cannot be dissolved except on the grounds available under section 13 of the Act. The utmost that has been done is to ppriyanshu the Hindu law in the form of the Hindu Marriage Act, Help Center Find new research papers in: There was no automatic jadav of the marriage. Jitender Mathur asserts that having embraced Islam, he can have four wives irrespective of the fact that his first wife continues to priyanshuu Hindu.
It is difficult to see why the conversion of one party to a marriage should necessarily afford a ground for its dissolution. We, therefore, hold that the second marriage of a Hindu husband after his conversion to Islam is a void marriage in terms of Section IPC. We understand the difficulties involved in bringing persons of different faiths and persuasions on a common platform.