Smt. Sarla Mudgal v Union of India & Ors
⚖️ Smt. Sarla Mudgal v. Union of India & Ors (1995) 3 SCC 635
1️⃣ Facts of the Case
Several Hindu men, already married under Hindu law, were converting to Islam without divorcing their Hindu wives.
After conversion, they intended to marry again under Muslim personal law, which allows polygamy.
The plaintiff, Sarla Mudgal, challenged the legality of such conversions, arguing that:
Hindu men cannot contract a second marriage while the first marriage subsists.
Conversion to Islam with the intent of contracting another marriage amounted to fraud and violation of Section 494 IPC (bigamy).
The petition sought clarification on whether Hindu men can convert to Islam to marry again without divorcing their first wives.
2️⃣ Legal Issues
Whether Hindu men can convert to Islam to contract a second marriage while the first Hindu marriage subsists.
Whether such a second marriage would be valid under Hindu Marriage Act, 1955 and IPC Section 494 (bigamy).
The interplay between personal laws (Hindu law vs. Muslim law) and the Uniform Civil Code debate.
3️⃣ Supreme Court’s Observations / Ratio
Conversion to Islam Does Not Legalize Bigamy
A Hindu man cannot escape the provisions of Hindu Marriage Act, 1955 by converting to Islam solely to marry again.
Second marriage without dissolving the first is void under Section 11 HMA and Section 494 IPC.
Intention Matters
Conversion done with the sole purpose of contracting another marriage is regarded as fraudulent and mala fide.
Polygamy under Muslim Law
Muslim law allows polygamy only for Muslims, but conversion after marriage does not legitimize polygamy if the first marriage is subsisting under Hindu law.
Directive to Government
The Court urged the Union of India to consider legislating on monogamy and uniform civil code, as current laws allow such legal conflicts.
4️⃣ Key Legal Principles
| Principle | Explanation |
|---|---|
| Bigamy | Second marriage without dissolving first Hindu marriage is illegal under Section 494 IPC. |
| Conversion | Conversion with intent to evade monogamy laws is fraudulent. |
| Void Marriage | Second marriage in such cases is void under Section 11 HMA. |
| Uniform Civil Code | Highlighted need for legal reform to prevent abuse of personal laws. |
5️⃣ Impact of the Case
Clarified Legal Position – Hindu men cannot escape monogamy by converting to Islam.
Void Marriages – Second marriage in such cases is void ab initio, and the first marriage remains valid.
Policy Implication – Paved the way for discussion on Uniform Civil Code in India.
Legal Deterrence – Prevented misuse of religious conversion for bigamous marriages.
6️⃣ Conclusion
Sarla Mudgal case is a landmark case on monogamy, conversion, and inter-religious conflict in personal law.
Key takeaway: Conversion cannot be used as a loophole to bypass Hindu Marriage Act restrictions; second marriage under such circumstances is void and illegal.
The case also underlines constitutional and legal tensions between personal laws and public policy in India.
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