Case Summary: Smt. Sarla Mudgal vs Union of India (1995)
Citation: AIR 1995 SC 1531 : (1996) 1 ALD(Cri) 929 : (1995) 2 ALT(Cri) 50 : (1995) 43 BLJR 898 : (1995) CriLJ 2926 : (1995) 2 DMC 351 : (1995) 4 JT 331 : (1995) 2 PLJR 79 : (1995) 3 SCALE 286 : (1995) 3 SCC 635 : (1995) 1 SCR 250 Supp : (1995) 2 UJ 764
Case No: Writ Petition (Civil) No. 1079 of 1989
Date of Decision: 10-05-1995
Appellant: Smt. Sarla Mudgal, President, Kalyani and Others
Respondent: Union of India and Others
Bench: Justice R.M. Sahai, Justice Kuldip Singh (Division Bench)
Final Decision: Allowed
[Judgment Source] https://www.courtkutchehry.com/Judgement/Search/AdvancedV2?docid=274563
Law Points Raised
1. Whether a Hindu husband can contract a second marriage after converting to Islam without dissolving the first marriage.
2. Applicability of Section 494 IPC (bigamy) to cases involving conversion of religion.
3. Whether conversion to Islam dissolves a Hindu marriage.
4. Enforcement of Uniform Civil Code under Article 44 of the Constitution.
5. Conflict between personal laws and codified matrimonial laws.
Ratio Decidendi
The Supreme Court held that a Hindu husband cannot marry again after converting to Islam unless the first marriage is legally dissolved. Conversion does not nullify the marriage under the Hindu Marriage Act, and such a second marriage would attract Section 494 IPC. The judgment also emphasized the urgent need to implement a Uniform Civil Code to ensure equality and national integration.
Final Ruling
The Court allowed the petitions and ruled that second marriages by Hindu men after conversion to Islam, without dissolving the first marriage, are invalid and punishable under Section 494 IPC. The Court also strongly advocated for the implementation of a Uniform Civil Code as envisioned in Article 44.
Relevant Paragraph Numbers
Key references: Paragraphs 1–2 (Uniform Civil Code context), Paragraphs 3–6 (individual petition facts), Paragraphs 7–14 (legal reasoning and precedents), concluding remarks (Article 44 enforcement and implications under IPC).
Summary
This landmark judgment tackles the misuse of religious conversion to circumvent monogamy laws under Hindu personal law. The Court declared that religious conversion does not automatically dissolve a Hindu marriage and second marriages in such cases attract penal consequences. The ruling also highlighted the constitutional imperative for a Uniform Civil Code to harmonize personal laws and ensure justice and equality.
[Judgment Source] https://www.courtkutchehry.com/Judgement/Search/AdvancedV2?docid=274563