Friday, August 14, 2020

Sarla Mudgal, President, Kalyani & ors. Vs Union of India

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Case Name – Smt. Sarla Mudgal, President, Kalyani & ors. Vs Union of India

 

Citation: 1995 AIR 1531

Bench:

  1. Kuldip Singh,
  2. R.M Sahai

Introduction:

In the most simplest manner, this case is in regards to bigamy and if coversion to another religion permits to commit the offence.

Facts of the case:

  1. “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.
  2. In all the cases the husbands priorily married a hindu women being a hindu, but sooner had love interest towards another women.
  3. 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.
  4. Thus this writ petition was filed under article 32 to determine the true nature of the issues in hand.

 

 

Issues:

  1. Whether a hindu husband married under hindu law is allowed to embrace islam and then second another?
  2. Whether the husband can be charged under 494 of IPC?

 

Judgement:

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.

Sarla Mudgal, President, Kalyani & ors. Vs Union of India

 

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