Topic for IAS/PCS- SARLA MUDGAL CASE


The case raised the question of bigamy under the Hindu Law.

The question was whether a Hindu husband married under the Hindu law, by embracing Islam, can solemnise a second marriage.

The court held that the Hindu marriage, solemnized under Hindu law,  can only be dissolved on any of the grounds specified under the Hindu Marriage Act 1955.

The practice of  Conversion to Islam and marrying again, would not by itself dissolve the Hindu marriage under the act.

Any  second marriage solemnized after converting to Islam would be an offence under section 494 of the Indian Penal Code(IPC).

Section 494 of IPC states :

494. Marrying again during lifetime of husband or wife.—Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

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