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Sarla Mudgal v. Union of India

In Sarla Mudgal v. Union of India, the Supreme Court of India ruled that a Hindu husband's second marriage after converting to Islam was void, as his first marriage under Hindu law had not been dissolved. The court held that personal laws could not be used to circumvent the general laws against bigamy under Section 494 of the Indian Penal Code. The landmark judgment highlighted the need for a uniform civil code in India and cited Article 44 of the Indian Constitution.

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579 views

Sarla Mudgal v. Union of India

In Sarla Mudgal v. Union of India, the Supreme Court of India ruled that a Hindu husband's second marriage after converting to Islam was void, as his first marriage under Hindu law had not been dissolved. The court held that personal laws could not be used to circumvent the general laws against bigamy under Section 494 of the Indian Penal Code. The landmark judgment highlighted the need for a uniform civil code in India and cited Article 44 of the Indian Constitution.

Uploaded by

Ashish Raj
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Sarla Mudgal, &

others. v. Union of
India

Sarla Mudgal v. Union Of India[1] is a


Supreme Court of India case. Its
judgement in 1995 laid down the
principles against the practice of
solemnizing second marriage by
conversion to Islam, with first marriage not
being dissolved. The verdict discusses
issue of bigamy, the conflict between the
personal laws existing on matters of
marriage and invokes article 44 of Indian
Constitution. It is considered a landmark
decision that highlighted the need for a
uniform civil code.[2]
Sarla Mudgal, & others. v. Union of India

Court Supreme Court of India

Full case name Sarla Mudgal, & others.


v. Union of India

Decided 10 May 1995

Citation(s) AIR 1995 SC 1531

Holding

The second marriage was considered void.

Laws applied

Law of passing off under Section 494 IPC,


Facts
In the Sarla Mudgal v. Union of India, there
were two main petitioners. The first was
Kalyani, a NGO that works with needy and
distressed women, which is headed by
Sarla Mudgal. The next petitioner was
Meena Mathur, married to Jitender Mathur,
in 1988, Meena finds that Jitender
converted to Islam and solemnized
second marriage with Sunita Narula, also
known as Fathima. Meena Mathur
complains that her husband converted to
Islam only for the purposes of getting
married again and circumvented the
provisions of Section 494 of IPC.[3]
In Writ Petition 424 of 1992, Geeta Rani,
married to Pradeep Kumar alleged
physical and mental violence by her
husband. She later found out that her
husband, Pradeep, eloped and married
another woman after converting to Islam,
in 1991. Sushmita Ghosh, petitioner in Civil
Writ Petition 509 of 1992 married G. C.
Ghosh according to Hindu rituals in 1984.
The husband told her that she wanted a
divorce and the petitioner argued that she
was the legally wedded wife. The husband
embraced Islam and wanted to get
married to Vinita Gupta. The petitioner has
prayed to not let her husband to enter a
marriage with Vinita Gupta.
In the case Section 494 of IPC, article 14,
15 20 were discussed in details. The court
discussed in detail these two issues:

1. Whether a Hindu husband married


under Hindu law is allowed to embrace
Islam and then second another?
2. Whether the husband can be charged
under 494 of IPC?

Judgement
The Court held that the first marriage
would have to be dissolved under the
Hindu Marriage Act, 1955. The man’s first
marriage would therefore, still be valid and
under Hindu law, his second marriage,
solemnized after his conversion, would be
illegal under Section 494 of the Indian
Penal Code, 1860.

The Sarla Mudgal judgment has issued no


directions for the implementations of
Uniform Civil Code, though Justice
Kuldeep Singh has requested the
government to look at the Article 44 of the
Constitution.[4]

Significance
Sarla Mudgal judgment was hailed as
precedent for Uniform Civil Code, and cited
various cases where personal laws of
different religions have come in conflict.
The second marriage of Hindu Husband
was considered void under Section 494 of
IPC, In the judgement the judge gets into
detailed examination of the case, Justice
Kuldip Singh, while delivering the judgment
remarked, “When more than 80% of the
citizens have already been brought under
the codified personal law there is no
justification whatsoever to keep in
abeyance, any more, the introduction of
“uniform civil code” for all citizens in the
territory of India.[5]” There was an appeal
to the government to have a re-look at
Article 44 of Indian Constitution, which
suggest Uniform civil code for the citizens.
It was submitted by Mr. Yusuf Muchala,
senior advocate, appearing for the All-India
Muslim Personal Law Board and also by
the advocate of the Jamiat Ulema Hind
that the Sarla Mudgal Judgment would
render the status of the second wife as
that of a concubine and children born of
that wedlock as illegitimate to this the
Honb’le judges have held this issue is not
involved in the present case. What we are
considering is the effect of second
marriage via the first marriage which
subsists in spite of conversion of the
husband to Islam, for the limited purpose
of ascertaining his criminal liability under
Section 17 of the H.M. Act read with
Section 494 IPC. As and when this
question is raised, it would be open to the
parties to agitate the legitimacy of such
wife and children and their rights in
appropriate proceedings or forum.[6]’

The judgment was heavily criticized

See also
Supreme Court of India

References
1. AIR 1995 SC 1531
2. Vrinda Narain (2001). Gender and
Community: Muslim Women's Rights in
India . University of Toronto Press. p. 62.
ISBN 978-0-8020-4869-1.
3. "Section 494 of the Indian Penal Code" .
4. "Article 44 of Indian Constitution" .
5. "Supreme Courts Advocacy of a Uniform
Civil Code" .
6. "Supreme Court on feigned conversion to
Islam and second marriage-II" .

External links
Indian Kanoon website

Retrieved from
"https://en.wikipedia.org/w/index.php?
title=Sarla_Mudgal,_%26_others._v._Union_of_India
&oldid=860154514"

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