24. Assuming that a great Hindu husband has a directly to incorporate Islam due to the fact their religion, he has no proper underneath the Act in order to marry once again rather than getting his prior to relationships beneath the Operate mixed. ”

Featured of a different angle, the second matrimony off an apostate partner might be in citation of your laws and regulations from absolute justice

and you can argued one for example wanting perform offer the latest reputation of your own second partner while the that of an effective concubine and you will pupils born of one to wedlock as illegitimate. This issue is not active in the establish instance. Everything we are considering is the aftereffect of next marriage qua the first relationship and therefore subsists in spite of conversion from the new husband to help you Islam, towards restricted function of ascertaining their unlawful responsibility around Point 17 of one’s Hindu Relationship Act see that have Area 494 IPC. As and when so it question is increased, it might be accessible to the latest activities so you’re able to agitate the validity of these partner and you will people and their rights within the compatible process or discussion board.

65. Along with deciding the question out-of rules about your translation out-of Part 494 IPC, among the Hon’ble Judges (Kuldip Singh, J.) immediately after speaking about new observations created by which Courtroom in the Mohd. Read more