Sarla Mudgal v. Union of India, (1995) 3 SCC 635)

There were four petitions in this  case under Article 32 of the Constitution which were

clubbed together for hearing. The common questions for consideration before the Apex Court were (a)

Whether a Hindu husband, married under Hindu law, by embracing Islam, could solemnize second

marriage?  (b) Whether such a marriage without having the first marriage dissolved under law, would be

a valid marriage qua the first wife who continue to be Hindu? and (c) Whether the apostate husband

would be guilty of the offence under Section 494 of the Indian Pe nal Code (IPC)?

JUDGMENT: - The Apex Court observed that a second marriage by an apostate under the shelter of

conversion to Islam would nevertheless be a marriage in violation of the provisions of the Hindu

Marriage Act, 1955 by which he would be continui ng to be governed so far as his first marriage under the

Act was concerned despite his conversion to Islam. The second marriage of an apostate would, therefore,

be illegal marriage qua his wife who married him under the Act and continued to be a Hindu. Bet ween the

apostate and his Hindu wife the second marriage was in violation of the provisions of the Act and as such

would be  non -e st . Further the Court held stated that it was no doubt correct that the marriage solemnized

by a Hindu husband after embracing  Islam may not be strictly be a void marriage under Section 494 of

the Indian Penal Code because he was no longer a Hindu, but the fact remained that the said marriage

would be in violation of the Hindu Marriage Act which strictly professes monogamy and the real reason

for the voidness of the second marriage is was the subsistence of the first marriage which was not

dissolved even by the conversion of the husband. It would be giving a go -b ye to the substance of the

matter and acting against the spirit of the Statute if the second marriage of the convert is held to be legal.