Sarla Mudgal v Union of India (1995)

Muslim Law (Family Law II) · Schools & Conversion

Facts.

Hindu husbands converted to Islam solely to marry a second wife without dissolving their first Hindu marriage.

Issue.

Does conversion to Islam dissolve the first marriage and permit a second, or is the second marriage bigamous?

Held.

The first marriage subsists; the second marriage is bigamous and punishable under s.494 IPC. Conversion to escape monogamy is a fraud on the law.

Why it matters.

It fixes the modern rule on conversion’s effect on an existing marriage and feeds the debate on a Uniform Civil Code (Unit 5).



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