NISHANT

Second marriage after conversion to Islam is void and also bigamy

NISHANT MEHROTRA 6 Feb 2018

Second marriage after conversion to Islam is void and also bigamy

SC :: Second marriage after conversion to Islam is void and also bigamy.


Ss.5(I),11,13 and 15 - Bigamy - Husband already married under Hindu Law, by embracing Islam, solemnising a second marriage under Muslim law.


Held, that would not result in dissolution of the first marriage under Hindu Law - Unless and until the first marriage is dissolved by a decree under Hindu Marriage Act, the second marriage during subsistence of the first one would be in violation of the Hindu Marriage Act which strictly professes monogamy - Marriage in violation of any law would be "void" within the meaning of the word used in S. 494 IPC - Word 'void' in S. 494 IPC is wider in amplitude than that used in S. 11 of the Hindu Marriage Act - Such second marriage would therefore amount to bigamy punishable under S. 494 IPC - Second marriage would also be in violation of principles of natural justice - Moreover, matrimonial dispute between the apostate and his first wife can not be decided on the basis of Muslim Personal Law but on the basis of justice, equity and good conscience - On these bases also the second marriage would be void - This interpretation would advance interest of justice being in harmony with two systems of law viz. Hindu Law and Muslim Law - Penal Code, 1860, S. 494.


Case:

Sarla Mudgal Vs. Union of India.

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