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SMT. SARLA MUDGAL, PRESIDENT, KALYANI AND ORS. vs. UNION OF INDIA AND ORS.

SCR Citation: [1995] Supp. (1) S.C.R. 250
Year/Volume: 1995/ Supp. (1)
Date of Judgment: 10 May 1995
Petitioner: SMT. SARLA MUDGAL, PRESIDENT, KALYANI AND ORS.
Disposal Nature: Appeal Disposed Off
Neutral Citation: 1995 INSC 363
Judgment Delivered by: Hon'ble Mr. Justice Kuldip Singh,Hon'ble Mr. Justice R.M. Sahai
Respondent: UNION OF INDIA AND ORS.
Case Type: WRIT PETITION (CIVIL) /1079/1989
Order/Judgment: Judgment
1. Headnote

Hindu Marriage Act, S.11 Hindu husband embracing Islam and solemnising second marriage without dissolution of the first Held, second marriage is invalid.


Indian Penal Code 1860, S.494 Hindu husband embracing Islam and solemnising second marriage without dissolution of the first Held, second marriage void; husband would be guilty of bigamy.


Interpretation of Statutes-Indian Penal Code 1860, S.494 Hindu husband converting to Islam and contracting second marriage Courts to adopt a construction of law that would advance interests of justice and harmony between communities.


Constitution of India, Article 44-Government requested to indicate steps taken for securing a uniform civil code.


The writ petitioners were Hindu wives whose husbands had, even while the first marriage subsisted, converted to Islam and contracted a second marriage. One petitioner was the second wife who along with the husband converted to Islam before the second marriage and whose husband had thereafter reverted to being a Hindu and failed to maintain her. The questions for consideration were whether a Hindu husband, married under Hindu law, could by embracing Islam soleminse a second marriage; whether such a marriage without having the first marriage dissolved under law, was a valid marriage qua the first wife who continued to be Hindu; whether the apostate husband would be guilty of the offence under s.494 of the Indian Penal Code (IPC).

2. Case referred
3. Act
      No Data Found!!!!!
4. Keyword
  • Hindu Marriage Act
  • S.11
  • indian Penal Code 1860
  • S.494
5. Equivalent citation
    Citation(s) 1995 AIR 1531 = 1995 (3) SCC 635 = 1995 (3) Suppl. SCC 635 = 1995 (4) JT 331 = 1995 (4) Suppl. JT 331 = 1995 (3) SCALE 286