This document summarizes a Supreme Court of India case on the validity of a second marriage after religious conversion. The case involved four petitioners who were originally married under Hindu law but whose husbands had converted to Islam and remarried without legally dissolving the first marriages. The Supreme Court held that a Hindu husband's second marriage after converting to Islam is invalid without first legally dissolving the first marriage under law. The court also ruled that such a husband would be guilty of the criminal offense of bigamy under Section 494 of the Indian Penal Code.

1. Landmark Judgments on
Pre-Conversion
Obligations and the
concept of Monogamy
under Hindu Law
Dr. Gagandeep Kaur, COLS,
UPES, Dehradun.
Dr. Gagandeep kaur,
COLS, UPES, Dehradun

2. FACTS
• The present case has 4 petitioners.
• It is a writ petition under Article 32 of the Indian Constitution.
• Petitioner 1 Sarla Mudgil, is the President of "KALYANI" - a
registered society - which is an organisation working for the
welfare of needy-families and women in distress. Petitioner 2,
Meena Mathur married Jitender Mathur in 1978. In 1988, she
shocked to learn that her husband had solemnized second
marriage with one Sunita Narula alias Fathima. The marriage
was solemnised after they converted themselves to Islam and
adopted Muslim religion. According to the petitioner,
conversion of her husband to Islam was only for the purpose
of marrying Sunita and circumventing the provisions of
Section 494, IPC. Jitender Mathur asserts that having
embraced Islam, he can have four wives irrespective of the
fact that his first wife continues to be Hindu.
Dr. Gagandeep Kaur, COLS,
UPES, Dehradun.

3. • Sunita alias Fathima is another petitioner of 1990.
She contends that she along with Jitender Mathur
who was earlier married to Meena Mathur
embraced Islam and thereafter got married. A son
was born to her. She further states that after
marrying her, Jitender Prasad, under the influence
of her first Hindu-wife, gave an undertaking on
April 28, 1988 that he had reverted back to
Hinduism and had agreed to maintain his first wife
and three children. Her grievance is that she
continues to be Muslim, not being maintained by
her husband and has no protection under either of
the personal laws.
Dr. Gagandeep Kaur, COLS,
UPES, Dehradun.

4. • Geeta Rani, was married to Pradeep
Kumar in 1988. In 1991, the petitioner
learnt that Pradeep Kumar ran away with
one Deepa and after conversion to Islam
married her. It is stated that conversion to
Islam was only for the purpose of
facilitating the second marriage.
Dr. Gagandeep Kaur, COLS,
UPES, Dehradun.

5. • Sushmita Ghosh was married to G.C. Ghosh
in 1984. In 1992 the husband finally told the
petitioner that he had embraced Islam and
would soon marry one Vinita Gupta. He had
obtained a certificate dated from the Qazi
indicating that he had embraced Islam. In the
writ petition, the petitioner has further prayed
that her husband be restrained from entering
into second marriage with Vinita Gupta.
Dr. Gagandeep Kaur, COLS,
UPES, Dehradun.

6. LEGAL REASONING
• 1) Whether a Hindu husband, married
under Hindu law, by embracing Islam,
solemnize a second marriage?
• 2) Whether such a marriage without
having the first marriage dissolved under
the law, would be a valid marriage qua the
first wife who continued to be a Hindu?
• 3) Whether the apostate husband be guilty
of the offence of Section 494 of the IPC?
Dr. Gagandeep Kaur, COLS,
UPES, Dehradun.

7. DECISION
• The Supreme Court held 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.
Dr. Gagandeep Kaur, COLS,
UPES, Dehradun.

8. Dr. Gagandeep Kaur, COLS,
UPES, Dehradun.
Lily Thomas vs Union Of India & Ors.
on 5 April, 2000

9. Lily Thomas vs Union Of India &
Ors. on 5 April, 2000
• Equivalent citations: 2000 (2) ALD Cri 686,
2000 (1) ALT Cri 363, 2001 (1) BLJR 499,
2000 CriLJ 2433, II (2000) DMC 1 SC, JT
2000 (5) SC 617, 2000 (4) SCALE 176,
(2000) 6 SCC 224, 2000 (2) UJ 1113 SC
• Author: S S Ahmad
• Bench: S Ahmed, R Sethi
Dr. Gagandeep Kaur, COLS,
UPES, Dehradun.

10. Facts
• Smt. Sushmita Ghosh, who is the wife of
Shri G.C. Ghosh (Mohd. Karim Ghazi) filed
a Writ Petition [W.P.(C) No. 509 of 1992]
in this Court stating that she was married
to Shri G.C. Ghosh in accordance with the
Hindu rites on 10th May, 1984 and since
then both of them were happily living at
Delhi. The following paragraphs of the Writ
Petition, which are relevant for this case,
are quoted below.Dr. Gagandeep Kaur, COLS,
UPES, Dehradun.

11. Dr. Gagandeep Kaur, COLS,
UPES, Dehradun.

12. Dr. Gagandeep Kaur, COLS,
UPES, Dehradun.

13. Dr. Gagandeep Kaur, COLS,
UPES, Dehradun.

14. Thank You
Dr. Gagandeep Kaur, COLS,
UPES, Dehradun.