Smt. Sarla Mudgal, Chief executive, Kalyani and others Vs. Union of India and others ( AIR 1995SC1531) Felony - bigamy - Section 494 of Indian Presidio Code, 1860 - husband converted to one more religion and married to another women without having first marriage dissolved - whether fallen husband can be prosecuted below Section 494 for assigning bigamy -- conversion would not ipso facto dissolve initially marriage -- second marriage during subsistence of initially marriage is definitely void even if solemnised after conversion -- apostate hubby guilty of bigamy. ORDER
Kuldip Singh, M.
1 . " The State shall endeavor to safeguarded for the citizens a uniform municipal code through-out the territory of India" is a great unequivocal require under Document 44 in the Constitution of India which usually seeks to introduce a uniform personal law - a decisive step toward national loan consolidation. Pandit Jawahar Lal Nehru, while guarding the introduction of the Hindu Code Bill instead of a uniform municipal code, in the Parliament in 1954, explained " I do not feel that at the present minute the time is ripe in India to try to press it through". It appears that possibly 41 years thereafter, the Rulers during are not within a mod to retrieve Content 44 from the cold safe-keeping where it is lying since 1949. The us government - which may have come and gone - have to date failed to make any work towards " unified personal law for a lot of Indians". The issues are too apparent to be mentioned. The utmost which was done is always to codify the Hindu rules in the form of the Hindu Matrimony Act, 1955, The Hindu Succession Work, 1956, the Hindu Minority and Guardianship Act, 1956 and the Indio Adoptions and Maintenance Take action, 1956 which may have replaced the standard Hindu law based on diverse schools of thought and scriptural laws and regulations into one unified code. When more than 80 percent of the individuals have already been brought under the codified personal law there is no approval whatsoever to hold in abeyance, any more, the creation of " uniform civil code" for all individuals in the place of India. 2 . The questions intended for consideration will be whether a Hindu husband, hitched under Indio law, by simply embracing Islam, can solemnised second marriage? Whether these kinds of a marriage with out the first marriage mixed under legislation, would be a valid marriage qua the initially wife who also continue to be Hindu? Whether the fallen husband will be guilty of the offence under Section 494 of the Of india Penal Code (IPC)? several. These are several petitions underneath Article thirty-two of the Cosmetic of India. There are two petitioners in Writ Request 1079/89. Petitioner 1 is definitely the President of " KALYANI" - a registered society - which is an company working for the welfare of needy- people and women in distress. Petitioner 2, Meena Mathur was married to Jitender Mathur on March 27, 1978. Three children (two sons and a daughter) were born out of the wed-lock. In early 1988, the petitioner was shocked to master that her husband had solemnised second marriage with one Sunita Narula snabel-a Fathima. The marriage was solemnised after they changed themselves to Islam and adopted Muslim religion. In line with the petitioner, alteration of her husband to Islam was only for the purpose of marrying Sunita and circumventing the conditions of Section 494, IPC. Jitender Mathur asserts that having embraced Islam, he can have 4 wives irrespective of the fact that his first wife continues to be Hindu. 4. Rather interestingly Sunita alias Fathima is the petitioner in Writ Petition 347 of 1990. She disagrees that she along with Jitender Mathur who was previously married to Meena Mathur embraced Islam and afterwards got married. A son was created to her. The girl further says that after getting married to her, Jitender Prasad, intoxicated by her initially Hindu-wife, gave an undertaking on 04 28, 1988 that he previously reverted back in Hinduism and had agreed to preserve his first wife and three children. Her grievance is that the girl continues to be Muslim, not being managed by her husband and has no...