9911796707
TMI Blog1960 (9) TMI 109X X X X Extracts X X X X X X X X Extracts X X X X ..... Thereafter the respondent No. 3 began to miscarry. No son was ever born to her and it has been found that on medical grounds the respondent No. 3 was incapable of bearing a son. Both the appellant and his father believe that according to Hindu Dharm Shastras salvation was not possible without a son and in the absence of a male child in the family a number of religious obligations would remain unfulfilled. The appellant, therefore, decided to marry a second wife in the hope that he will be able to get a son by her. The respondent No. 3 at first consented to the proposal but then changed her mind. At her instance, relying on Rule 27 of the Government Servants' Conduct Rules the State Government directed the appellant not to marry a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ounds. Firstly, that the impugned provisions were saved by Clause (2) (b) of Article 25 of the Constitution and secondly, that it could not be said that it was an obligatory or integral part of the Hindu religion to many a second wife in the life time of the first if the latter had no male child. The Hindu religion, the learned Judge pointed out, permitted the adoption of a son and an adopted son was for all purposes as good as a natural born son. The petition filed by the appellant was, therefore, rejected. 5. In appeal the learned counsel for the appellant assailed both the grounds which had prevailed with the learned Judge. After hearing him in respect of the first ground, however, we did not find it necessary to hear him on the secon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t clause not only guaranteed the freedom of beliefs but also protected all religious practices in pursuance of such beliefs. It was a part of the religious belief of all orthodox Hindus that no person could attain salvation without certain religious obligations being performed by a son. The practice of marrying a second wife in order to obtain a son when the first wife could not provide one was a practice followed in pursuance of that belief. The belief as well as the practice stood guaranteed by Clause (1) of Article 25. The guarantee had been made subject only to public order, morality, health and the other provisions of Part 3 of the Constitution. The impugned provisions had put an unjustified restriction on the right guaranteed by the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Constitution, Clause (2) of the Article is as much a provision of that Part as any other. It cannot, therefore, be said that Clause (1) of the Article is entirely independent of Clause (2) and is not to be read subject to that clause. 9. The two clauses of Article 25 have undoubtedly to be read so as to be in harmony with each other. There is, however, no real conflict between the two clauses. The question of one prevailing over the other does not in the circumstances arise. The opening words of Clause (2) viz. nothing in this Article shall affect make it quite clear that if a certain piece of legislation falls within the four comers of Clause (2) and is covered by it, it will not be affected at all by the first clause. In thi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... interpreted in the manner suggested by the learned counsel for the appellant the sub-clause would really become meaningless for it would read providing for social welfare and reform ..... of Hindu religious institutions of public character to all classes and sections of Hindus . The framers of the Constitution could not have intended the sub-clause to be read in this manner. 11. We, therefore, find no difficulty in agreeing with the learned Judge that the provisions of the Hindu Marriage Act which are being challenged in this case do not infringe Article 25 of the Constitution and are clearly protected by Clause (2) (b) of it. Rule 27 of the Government Servants' Conduct Rules only gives effect to those provisions. The appellant coul ..... X X X X Extracts X X X X X X X X Extracts X X X X
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