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Sarla Mudgal Case

JUDGMENT

DETAILS

Date of Decision- 10 May 1995

Coram- Hon'ble Justice Mr. Justice Kuldip Singh and Hon'ble Mr.Justice R.M. Sahai

Court- Supreme Court of India

Jurisdiction- Writ jurisdiction under Article 32

The Court held that a Hindu Marriage continues to exist even after one of the spouse converted to Islam. There is no automatic dissolution of a Hindu marriage. It can only be dissolved as per the grounds mentioned in Section 13 of the Hindu Marriage Act. Accordingly, the court held that the second marriage of Hindu was void in terms of Section 494 of IPC.

- Para 39 & 40

FACTS

  • Writ Petition no. 1079 of 1989 involved two petitoners, Petitioner no. 1 was Sarla Mudgal and Petitioner no. 2 was Meena Mathur.
  • Writ Petition no. 347 of 1990. Petitioner no. 3 whose name was Fathima alias Sunita Narula.
  • Writ Petition no. 509 of 1992. Petitioner no. 4 was Geeta Rani.
  • Writ Petition no. 424 of 1992. Petitioner no. 5 was Sushmita Ghosh.

Issues for Consideration

SARLA MUDGAL & ORS.

V.

UNION OF INDIA & ORS.

  • Whether a Hindu husband, married under Hindu law, by embracing Islam, can solemnise a second marriage ?
  • Whether such a marriage without having first marriage dissolved under law, would be a valid marriage quo first wife who continues to be a Hindu ?

AIR 1995 SC 1531

: 1995 Indlaw SC 1302

: (1995) 3 SCC 635

  • Whether apostate husband would be guilty of offence under Section. 494 of IPC, 1860 ?
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