SARLA MUDGAL V. UNION OF INDIA
Facts
There were two petitions clubbed by the Supreme Court. The basic facts in both these petitions were that the husband flees from the first marriage which was solemnized under the Hindu Marriage Act, 1955. Further, the husband fled and converted to Islam only for the purpose of remarrying thereby bypassing Section 494 of the Indian Penal Code that prohibits remarriage while the subsistence of one marriage.
Issues:
1. Whether the second marriage after converting from Hindu to Islam shall be valid.
2. Whether the man shall be liable by the virtue of Section 494 of the Indian Penal Code.
Held
The apex court held that the man is trying to invade the first marriage and leave the wife stranded. Thereby, held that according to the Hindu Marriage Act, 1955, a man under its provisions cannot have two marriages at a time. It was held by the court that the second marriage shall be void in nature since the first marriage is not dissolved and the conversion which has taken place only to commit fraud and to marry two women at the same time shall hold no good. The conversion shall not be affected but the second marriage shall be void.
