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Second Marriage Before the Dissolution of the First Marriage will be Considered as Invalid: Sarla Mudgal Case.
Introduction:
- The case was between Smt. Sarla Mudgal, President, Kalyani & ors. Vs Union of India.
- Under the Hindu Personal Law as it existed prior to its codification in 1955, a Hindu marriage continued to subsist even after one of the spouses converted to Islam.
- Under the Hindu law when a marriage takes place the parties under such law are bound by certain rights pertaining to the law. They are also governed by the status along with the rights.
- At any Stage if one of the parties is allowed to dissolve the marriage by the way of adopting or enforcing the new personal law.
- Then under such circumstances the parties will be destroying their existing rights of not only himself but also of the other spouse, who still continues to be Hindu.
Facts of the case:
- This case is a writ petition under Article 32 of the Constitution of India.
- There were 4 petitioners in this case.
-President of "Kalyani", Sarala Mudgal
-Meena Mathur
-Geeta Rani
- Sushmita Ghosh
- President of "Kalyani" which was an organisation for the welare of needy families and women in distress. In 1978 Meena Mathur was married to Jitender Mathur. As the marriage was going steady, within one year of the marriage she came across the shocking truth.
- In 1988 she found out that her husband had solemnized second marragie with Sunita Narula alias Fathima. They converted themselves in to Islam and adopted muslim religion.
- After then the marriage was solemnised. Later on the reason behind marrying Sunita was only for conversion of her husband in to Islam. This was circumventing the provisions of section 494.
- According to Jitender mathur the reason behind conversion of religion, irrespective of the fact that his first wife was Sunita, she was a indu. He still can have four wives.
- In 1990 the petitioner named Sunita alias Fathima states that Jitender Mathur had his first marriage with Meena Mathur thereafter he embraced Islam, then they got married and solemnised their marriage. She further claims that an undertaking was given on April 28,1988.
- The undertaking states that he reverted back to Hinduism and had agreed to maintain his first wife and their 3 children. She asserts that Jitender Prasad did under the influence of his first Hindu- wife.
- As Sunita alias Fathima is still continuous to be a muslim she demanded for the maintenance by her husband. While no protection was availed to her under the laws.
- The 3rd petitioner of the case is Geeta Rani. In 1988 she was married to Pradeep Kumar. In 1991 She came across the Shocking truth when she learnt that Pradeep Kumar ran away with Deepa. He also converted in to Islam and married to her. Geeta claims that for the purpose of facilitating second marriage Pradeep had converted himself in to Islam.
- The petitioner 4 in the present case is Sushmita Ghosh. In 1984 She was married to G.C. Ghosh. After 8 years of the marriage, In the year 1992 The husband admitted that he had converted himself in to Islam and will soon be married to Vinita Gupta.
- He futher admitted that he had obtained Certificate of his conversion into Islam. Which was granted to him by Qazi. In the petition Sushmita Ghosh Prayed that her husband should be restrained from entering in to Second marriage with Vinita Gupta
Laws pertaining to the Case:
- Section 494 Indian Penal Code is as under:- "Marrying again during lifetime of husband or wife: Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.”
- As per the Hindu Marriage Act 1955, It was held that a Hindu marriage cannot, under any circumstances, be dissolved unless by a decree of divorce under the grounds enumerated in the act. It also pointed out that the Act has an overriding effect on any customs or usage prevalent before the commencement of the act.
- A marriage solemnised, whether before or after the commencement of the Act, can only be dissolved by a decree of divorce on any of the grounds enumerated in Section 13 of the Act.
Supreme Court Observation and Judgement:
- The court observed the section 494 of IPC would be sought in the interest of the justice. It is important to bring harmony between the two communities. Both the law would operate with their respective ambits without tress passing the personal laws of each other.
- Keeping in mind both the communities and the law related to it the court stated that it is not the object of Islam nor is the intention of the enlightened Muslim community that the Hindu husbands should be encouraged to become Muslim merely for the purpose of evading their own personal law by marrying again.
- The Supreme Court held that the second marriage of a Hindu- husband after conversion to Islam, without having his first marriage dissolved under law, would be invalid.
- The second marriage would be void in terms of the provisions of Section 494 IPC and the apostate-husband would be guilty of the offence under Section 494 IPC.
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