A Hindu man whose marriage is governed by the Hindu Marriage Act, 1955 converts to Islam and, without…
In Sarla Mudgal v. Union of India (1995) 3 SCC 635 the Supreme Court held that conversion to Islam does not by itself dissolve a Hindu marriage, and that the second marriage…
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A Hindu man whose marriage is governed by the Hindu Marriage Act, 1955 converts to Islam and, without dissolving that marriage, marries again under Islamic rites. According to the Supreme Court in Sarla Mudgal v. Union of India, what is the status of the second marriage?
Answer and explanation
Correct answer C
In Sarla Mudgal v. Union of India (1995) 3 SCC 635 the Supreme Court held that conversion to Islam does not by itself dissolve a Hindu marriage, and that the second marriage is void in terms of section 494 of the Indian Penal Code (now section 82 of the Bharatiya Nyaya Sanhita, 2023). Lily Thomas v. Union of India (2000) 6 SCC 224 followed this. The first marriage subsists until a decree of divorce is passed.
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