Family lawBigamySupreme Court of India

Sarla Mudgal v Union of India

(1995) 3 Supreme Court Cases 63519951 min read
The case in brief30-second read
Facts
Hindu men were converting to Islam for the sole purpose of contracting a second marriage while the first Hindu marriage subsisted. Their Hindu wives challenged this practice as fraudulent and bigamous.
Issue
Whether a Hindu husband who converts to Islam and contracts a second marriage during the subsistence of his first Hindu marriage commits bigamy under S.494 IPC.
Held
The Supreme Court held that conversion to Islam for the sole purpose of marrying again is an abuse. The first marriage under Hindu law continues to subsist; the conversion does not dissolve it. Therefore, the second marriage is void and the husband is liable for bigamy under S.494 IPC. The Court strongly recommended enactment of a Uniform Civil Code under Article 44.
Principle
A Hindu husband cannot convert to Islam solely to contract a second marriage; such a marriage is void under S.494 IPC and Hindu Marriage Act; reiterated the need for a Uniform Civil Code under Article 44.
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Facts

  • Hindu men were converting to Islam for the sole purpose of contracting a second marriage while the first Hindu marriage subsisted. Their Hindu wives challenged this practice as fraudulent and bigamous.

Issue

  1. Whether a Hindu husband who converts to Islam and contracts a second marriage during the subsistence of his first Hindu marriage commits bigamy under S.494 IPC.

Held

  • The Supreme Court held that conversion to Islam for the sole purpose of marrying again is an abuse. The first marriage under Hindu law continues to subsist; the conversion does not dissolve it. Therefore, the second marriage is void and the husband is liable for bigamy under S.494 IPC. The Court strongly recommended enactment of a Uniform Civil Code under Article 44.

Ratio decidendi

(1) Conversion to another religion does not automatically dissolve a Hindu marriage. (2) A second marriage during subsistence of the first is bigamy under S.494 IPC regardless of conversion. (3) Article 44 (Uniform Civil Code) is a constitutional imperative that the State must pursue.

Exam use

How to use it in an answer

  • Landmark authority on conversion-based bigamy; always pair with Lily Thomas v Union of India (2000) which affirms this ratio
  • Key for Uniform Civil Code questions under Article 44
  • Distinguish from cases where conversion is genuine and not solely for the purpose of a second marriage

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Citation

Sarla Mudgal v Union of India (1995) 3 Supreme Court Cases 635

Reported: (1995) 3 Supreme Court Cases 635. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.