Sarla Mudgal v Union of India

(1995) 3 Supreme Court Cases 635Supreme Court of India1995Family Law I (Hindu Law)
family-lawbigamyconversionuniform-civil-code

Rule established

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.

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.

How to use it in an exam

  • 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

Source

Source: (1995) 3 Supreme Court Cases 635

This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.

Cited in study notes

Family Law I (Hindu Law)Monogamy and PolygamyLeading case on conversion-based bigamy and UCC recommendation