Family lawBigamySupreme Court of India

Lily Thomas v Union of India

(2000) 6 Supreme Court Cases 22420001 min read
The case in brief30-second read
Facts
A Hindu husband converted to Islam and married a second wife during the subsistence of his first Hindu marriage. The first wife challenged the validity of the second marriage and sought prosecution for bigamy, relying on Sarla Mudgal.
Issue
Whether the ratio of Sarla Mudgal (conversion for bigamy is void) stands, and whether a Hindu marriage can be dissolved by mere unilateral conversion to Islam.
Held
The Supreme Court affirmed Sarla Mudgal and held: (1) A Hindu marriage can only be dissolved under the Hindu Marriage Act (through divorce); mere conversion does not dissolve it. (2) A second marriage during the first's subsistence constitutes bigamy under S.494 IPC. (3) The apostate husband remains bound by the obligations of his first marriage.
Principle
Affirmed Sarla Mudgal; a Hindu marriage cannot be dissolved by unilateral conversion; conversion-based second marriage is bigamy.
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Facts

  • A Hindu husband converted to Islam and married a second wife during the subsistence of his first Hindu marriage. The first wife challenged the validity of the second marriage and sought prosecution for bigamy, relying on Sarla Mudgal.

Issue

  1. Whether the ratio of Sarla Mudgal (conversion for bigamy is void) stands, and whether a Hindu marriage can be dissolved by mere unilateral conversion to Islam.

Held

  • The Supreme Court affirmed Sarla Mudgal and held: (1) A Hindu marriage can only be dissolved under the Hindu Marriage Act (through divorce); mere conversion does not dissolve it. (2) A second marriage during the first's subsistence constitutes bigamy under S.494 IPC. (3) The apostate husband remains bound by the obligations of his first marriage.

Ratio decidendi

Unilateral conversion by a Hindu spouse does not dissolve the Hindu marriage. The first marriage subsists until dissolved under the Hindu Marriage Act, and any second marriage is bigamous under S.494 IPC.

Exam use

How to use it in an answer

  • Confirms and strengthens Sarla Mudgal; cite both together for the settled position on conversion and bigamy
  • Key distinction: the personal law governing the first marriage (Hindu law) determines when it ends, not the personal law of the religion converted to

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Citation

Lily Thomas v Union of India (2000) 6 Supreme Court Cases 224

Reported: (2000) 6 Supreme Court Cases 224. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.