GUMAN MAL LODHA, J. - (1.) THIS application under Section 482 Cr. P.C. by Amir Khan against his wife Mst. Mariam and son Tyab has taken a very interesting turn during arguments because the learned Counsel has broadened the horizons of the submission invoking Article 25 of the Constitution. According to him Section 125, Cr. P.C. so far as explanation to the second proviso of Sub -section (3) is concerned it violates Article 25 of the Constitution because it takes away the right of the minorities to follow their religion. The explanation enables a wife to claim maintenance on the simple and mere showing that the husband has contacted a second marriage with the another woman or keeps a mistress.
(2.) THE learned Counsel submits that according to the tenants and injunctions of the Mohammedan Law contained in the great Pious Kuran Sariff a person who professes Muslim religion is entitled and authorised by religion to conduct marriage with four women. The learned Counsel submits that being religious injunction any law which results in virtual denial of it or infringement of it or putting limitation over it in any way creating rider by such enactment would extinguish that religious right and therefore, would be violative of Article 25. The learned Counsel has referred to page 109 of a book with the caption 'Anudit Kuran Majid Sansipat Tika Sahit Sayeed Abul Ala Modudi' published by Marakji Maktaba Islami Delhi -6, in 1983. First Edition with the translation in Hindi by Mohammed Farook Khan. In this sacred book the Chapter under the caption Sura Annisa (Madina Main Utari 176) with a sub caption 'Allahah Ke Nam So Jo Atyant Karana may Or -Dayawan Hai' contains the following 'Ananthon ke Dhan Uneh Vapas Do' Ache Mal ko Bura Mal Se Na Badllo Aur Unke Malke Sath Milakar Na Kha Jao Yeh Bahut Bada Paap Ha i.'
(3.) NOW comes to the relevant portion which reads as under: .........[vernacular ommited text]...........;