1995 (5) TMI 260 - SC - Indian Laws

Whether a Hindu husband, married under Hindu law, by embracing Islam, can solemnise second marriage? Whether such a marriage without having the first marriage dissolved under law, would be a valid marriage qua the first wife who continue to be Hindu? Whether the apostate husband would be quilty of the offence under Section 494 of the Indian Penal Code (IPC)? Held that - All the four ingredients of Section 494 IPC are satisfied in the case of a Hindu husband who marries for the second time after conversion to Islam. He has a wife living, he marries again. The said marriage is void by reason of its taking place during the life of the first wife. We, therefore, hold that the second marriage of a Hindu husband after his conversion to Islam is a void marriage in terms of Section 494 IPC. Answering the questions posed by us in the beginning of the judgment, we hold 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.

Issues Involved:
1. Whether a Hindu husband, married under Hindu law, by embracing Islam, can solemnize a second marriage?
2. Whether such a marriage without having the first marriage dissolved under law would be valid concerning the first wife who continues to be Hindu?
3. Whether the apostate husband would be guilty of the offence under Section 494 of the Indian Penal Code (IPC)?

Issue-wise Detailed Analysis:

1. Validity of Second Marriage Post Conversion to Islam:
The court examined whether a Hindu husband, married under Hindu law, can solemnize a second marriage after converting to Islam. It was held that a marriage solemnized under a particular personal law cannot be dissolved by the application of another personal law due to conversion. The court emphasized that a Hindu marriage continues to subsist even after one of the spouses converts to Islam. The conversion does not automatically dissolve the marriage, as the Hindu Marriage Act, 1955 strictly enforces monogamy and provides specific grounds under Section 13 for divorce, including conversion to another religion. Therefore, the second marriage by a Hindu husband after conversion to Islam, without dissolving the first marriage under the Hindu Marriage Act, is invalid.

2. Legal Status of Second Marriage Concerning the First Wife:
The court further analyzed whether the second marriage of a Hindu husband after converting to Islam would be valid concerning his first wife, who continues to be Hindu. It was concluded that the second marriage would be in violation of the Hindu Marriage Act, which strictly enforces monogamy. The court held that the second marriage would be non-existent concerning the first wife and thus void. This interpretation aligns with Section 494 of the IPC, which penalizes bigamy. The court emphasized that the second marriage by a convert would be void and in violation of the Act, as the first marriage remains undissolved.

3. Guilt Under Section 494 IPC:
The court examined whether the apostate husband would be guilty of the offence under Section 494 IPC, which penalizes bigamy. The necessary ingredients of Section 494 IPC include having a spouse living, marrying again, and the second marriage being void due to the subsistence of the first marriage. The court concluded that all these ingredients are satisfied in the case of a Hindu husband who marries for the second time after conversion to Islam. Thus, the second marriage is void, and the apostate husband is guilty of the offence under Section 494 IPC.

Uniform Civil Code:
The judgment also touched upon the broader issue of the Uniform Civil Code (UCC), emphasizing the need for a common civil code to promote national integration and eliminate disparate personal laws. The court criticized the government's inaction in implementing Article 44 of the Constitution, which mandates the state to secure a UCC for all citizens. The court requested the Government of India to take steps towards securing a UCC and directed the Ministry of Law and Justice to file an affidavit indicating the efforts made in this direction.

Separate Judgment by R.M. Sahai, J.:
Justice R.M. Sahai, in his concurring judgment, highlighted the social necessity and urgency of a UCC. He emphasized that religious practices should not violate human rights and dignity and called for rationalizing personal laws of minorities to develop religious and cultural amity. He suggested that the government consider appointing a committee to enact a Conversion of Religion Act to prevent misuse of religion for escaping personal laws and to ensure maintenance and succession rights.

Conclusion:
The court held that the second marriage of a Hindu husband after conversion to Islam, without dissolving the first marriage, is invalid and void under Section 494 IPC. The judgment emphasized the need for a UCC and directed the government to take steps towards its implementation. The writ petitions were disposed of, allowing the petitioners to seek any relief available as a result of this judgment.

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