GUL MOHD. V. EMPEROR [AIR 1947 NAG. 121]

GUL MOHD. V. EMPEROR [AIR 1947 NAG. 121]

It was established that the conversion of a Hindu wife to Islam does not automatically dissolve her marriage with her Hindu husband. Furthermore, it was clarified that she is not permitted to enter into a valid marriage contract with another individual during her husband's lifetime. Any individual engaging in sexual relations with a Hindu wife who has converted to Islam would be liable for adultery under Section 497 IPC, given that the woman was already married before her conversion, and her husband was still alive.

The conclusion drawn from this case is that mere conversion does not terminate marital ties unless a divorce decree is obtained from the court on that basis. Until such a decree is issued, the marriage remains intact. Any subsequent marriage during the existence of the first marriage constitutes an offense under Section 494 in conjunction with Section 17 of the Hindu Marriage Act, 1955. Therefore, regardless of conversion to another religion, an individual would be subject to prosecution for bigamy.

Furthermore, if the initial marriage was solemnized under the Hindu Marriage Act, neither the husband nor the wife can dissolve the marital ties through mere conversion to another religion. As long as the original marriage remains valid, no additional marriages can take place, even under alternative personal laws. Engaging in such a marriage would result in prosecution under Section 494 IPC.