Table of Contents
ToggleLily Thomas Vs Union of India Case Law
Facts:-
A marriage was constituted between Mrs. Sushmita Ghesh and Mr. Gyan Chand Ghesh following all Hindu rituals. A month later the husband conveyed to her that he is no longer willing to live with her and this, she should agree for getting a divorce with mutual consent.The wife appealled that she was willing to live with her husband and matter of divorce should not arise.The husband told that her that he had converted to islam and wanted to remarry Miss Vanita Gupta. He subsequently married her. Therefore the petitioner i.e.Mrs Sushmita Ghesh had prayed her husband should be abstained from marring vanita Gupta.
Issues:-
1) Can a kinda a male be allowed to enter another marriage after converting into islam ?
2) Should a Hindu male be held liable for offence of bigamy as per section 494 of the IPC?
3) Should there be ucc regulating all citizens?
Ratio:
The bench stated that if a person, a living spouse and the marriage has not been legally dissolved, and such person marries for the second time, then the second marriage would be void in eyes of law as per Hindu Marriage Act,1955.
2.Section 17 speaks of marriage between two “hindus” and section 294 does not refer to any religious denomination conversion or apostasy does not automatically dissolve a marriage already solemnised under the Hindu marriage act. It only provides a ground for divorce under section 13 and judicial seperation under section 10.
The supreme court referred to various precedent and held that mere conversion does not end marital ties unless a decree for divorce is obtained. Referring to Sarla Mudgal, president, kulyani V union of India it was re-asserted that the second marriage after conversion to islam, without having his first marriage dissolved under law, would involve, the second marriage would be void and the apostate husband would be guilty of the offence under section 494 of IPC. Regarding uniform civil code it has been stated that government of india would take steps only it the communities which desire such a code approach the government takes initiatives themselves in the matter.
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