Hindu Marriage Act, 1955 - Case law - Section 17 - Sarla Mudgal and Ors. vs. Union of India and Ors.
(A second marriage solemnised by conversion before dissolution of the first shall be illegal)
Bench: Justice Kuldip Singh and Justice R.M. Sahai.
Facts:
- The present case consists of several writ petitions filed under Article 32 of the Constitution of India.
- Sarla Mudgal, herein the Petitioner no. 1 is the president of a registered society working for the welfare of needy families and women in distress.
- Meena Mathur, herein the Petitioner no. 2 was married to Jitendra Mathur who converted to Islam to solemnise a second marriage with Petitioner no. 3, Sunita Narula.
- Petitioner no. 3 also converted to Islam to marry Jitendra Mathur, who after the marriage converted back to Hinduism to maintain his family under the influence of Petitioner no. 2. Hence, she did not have any protection or provision for maintenance under their personal laws.
- Geeta Rani, herein the Petitioner no. 4 was maltreated by her husband, Pradeep Kumar. After 3 years into the marriage, the husband ran away and married another woman by converting into Islam.
- Sushmita Ghosh, herein the Petitioner no. 5, married G. C. Ghosh according to Hindu rituals. The husband wanted a divorce so he converted to Islam in order to solemnise another marriage. The Petitioner no. 5argued that she was the legally wedded wife and the husband shall not be permitted to enter into another marriage.
Issues:
- Whether a Hindu husband married under Hindu law, solemnise a second marriage by embracing Islam?
- Whether the second marriage be valid, without dissolution of the first marriage where the first wife continues to be a Hindu?
- Whether the apostate husband would be guilty of the offence under Section 494 of the Indian Penal Code (IPC)?
Contentions of the Petitioners:
- Petitioner no. 2 and Petitioner no. 4 contended that their respective husbands converted to Islam solely for solemnising a second marriage, which makes them guilty of the offence of bigamy under Section 494IPC.
- Petitioner no. 3 argued that her husband converted back to Hinduism under the influence of his first wife.
- Petitioner no. 5 contended that being a legally wedded wife, the husband shouldn’t be allowed to solemnise another marriage during her lifetime.
Judgment:
The Court, in favour of the petitioners held that a Hindu Husband, married under Hindu law, cannot solemnize a second marriage by converting to Islam and this act shall be punishable under Section 17 of the Hindu Marriage Act, 1955 read with Section 494, IPC for the commission of the offence of bigamy. The parties solemnising a marriage under Hindu Law are conferred with certain rights and one of them cannot enforce it by converting into another religion solely for solemnising another marriage, violating the rights of the other party.
The Court observed that a marriage under Hindu law can be dissolved only through a decree of divorce obtained under any ground under Section 13 of the Hindu Marriage Act, 1955 and not by conversion. Thus, a second marriage solemnised before dissolution of the first shall be illegal in the eyes of law.
