Case Name – Smt. Sarla Mudgal, President, Kalyani & ors. Vs Union of India
Citation: 1995 AIR 1531
- Kuldip Singh,
- R.M Sahai
In the most simple manner, this case is in regards to bigamy and if coversion to another religion permits to commit the offence.
Facts of the case:
- “kalyani” an NGO working for the welfare of women and fighting for justice for them is the main petitioner in this case along with few other women going through the same issue.
- In all the cases the husbands priorily married a hindu women being a hindu, but sooner had love interest towards anather women.
- To avoid legal complications they only for the purpose of validating the second marriage converted himself to islam, according to whose personal laws one can marry 4 wives, irrespective of all religions.
- Thus this writ petition was filed under article 32 to determine the true nature of the issues in hand.
- Whether a hindu husband married under hindu law is allowed to embrace islam and then second another?
- Whether the husband can be charged under 494 of IPC?
It was held that a hindu husband getting married second time by coversion to islam without dissolving the prior marriage was invalid. The husband shall be held guilty in terms of 494 of IPC.