Question

Which landmark case dealt with the issue of "marriage after conversion" and declared it illegal under Personal Law?

• A. Sarla Mudgal v. Union of India
• B. Shayara Bano v. Union of India
• C. Shah Bano v. Mohd. Ahmed Khan
• D. Shamim Ara v. State of U.P.

Hint:

When studying landmark cases, focus on the implications for personal and religious laws. The Sarla Mudgal case impacted interfaith marriages and conversion laws in India.

Answer 1

The Correct Option is A

In the landmark case of Sarla Mudgal v. Union of India (1995), the Supreme Court dealt with the issue of marriages after conversion under Personal Law. The Court ruled that marriages performed after a person converted to Islam, and without the required legal formalities under the Hindu Marriage Act, were invalid and illegal.

Answer 2

The landmark case that dealt with the issue of "marriage after conversion" and declared it illegal under Personal Law is Sarla Mudgal v. Union of India.

Case Background:
In this case, the petitioners were Hindu women married under Hindu law. Their husbands converted to Islam without formally dissolving the first marriage, and then remarried Muslim women. The issue raised was whether a Hindu husband, married under Hindu law, can solemnize a second marriage by converting to Islam, without dissolving his first marriage.

Legal Issue:
Whether a Hindu husband, after converting to Islam, can lawfully contract a second marriage without dissolving the first, and whether such a second marriage would be valid under law.

Supreme Court's Ruling:
The Supreme Court held that:
1. Conversion to Islam does not automatically dissolve a Hindu marriage solemnized under the Hindu Marriage Act, 1955.
2. A second marriage without legally ending the first marriage is void under Section 494 of the Indian Penal Code (offense of bigamy).
3. The act of conversion with the intent to remarry while the first marriage is still in existence constitutes fraud and misuse of religious freedom.

Significance of the Judgment:
The judgment in Sarla Mudgal v. Union of India is considered a milestone in protecting the rights of women in marriage. It reaffirmed that personal laws cannot be misused to escape the legal consequences of bigamy and called for a uniform civil code to ensure equal rights and justice.

Conclusion:
The case clearly established that marriage after conversion without dissolving the first marriage is illegal under personal law and is punishable under Indian penal law.

Therefore, the correct answer is: Sarla Mudgal v. Union of India.