Sui, fue ett lode- Cy tipo tut OOK MUDGIL Y. UNION OF INDIA 27 [AIR 1995 VOL 3 SC 635] In this case the validity of art 44 of the constitution was challenged. Art 44 304 = ate to secure for the citizens a uniform Civil code throuthout the terion ° the st India . dor Art 32 of the constitution of India. Encts There are four writs petitioners uni Petitioner 1 Sarla mudgil president ~kalyafi” a registered society helping neddy women in distress. n Petitioner 2 « 5 Meena mathur , she married to Jatinder mathur in 27 fed 1978.having three sons (two arly 1988 has husband solemnized marriage to Sunita sons and one daughter).in’ é: narula alias Fatima after converting to Islam religion . Sunita alias Fatima(contention}.she contended that she along with Jatinder mathur. under taking that he had been reverted tack to Hinduism and had agreed to maintain her first wife and three children. Petitioner 3 i z Geeta rani married to Pardeep kumar in 1991, he ran away along with dee;a and after conversion to Isiam was only for the purpose of facilitating the 2° marriage . Petitioner 4 2 Shusmita ghash married to Arvind ghash he married in 1992-he got converted to Islam and married to Vinita gupta.. it was prayed that her husband be restrained from entering into second married with Vinita gupta Law points = 1, Can a Hindu husband married under Hindu law after converting to Islam ,solemnized in second married. Can the second marriage of the Hindu husband after conversion to Islam is @ void marriage. In terms of section 494 IPC) 3. Whether the above stated husband would be guilty of the offence v/s 494 IPC —bigamy 2.mn EN : oEen Mr. J. keuldip sin whether before o decree of divorce grounds under see to another Teligioy igh + mr, LRM. sahaj kuldip singh J. martinge SO1CH AE r after th 2k ie commencement ofthe at on) he dissolved by’ & NGS a ou enumerate tn see 13 ofthe act one af the Fae Lt, te aerpurty i ta bo cented a Hindu by conversion Secl i vo; © 11 of the act as under See vo marge matringe solergai emnized and may , on a petition a afer the commencement of ths it shall be null and void 29 declared bya cee eens the other party be n clause (IX@andG)ofsees, if it contravenes any one of the condition specified “Sec 494 : wife’ (Bigamy) marriage again during lifetime of husband or Whoever havi ; : 5 Hearn se ee or wife living marries in many case in which sneh Senet aaneee 0 i kine place, During life of such of husband or wife a imbisomnelif’6t either description for the term which may extend to seven years shall also be liable to fine. San i ‘The necessary ingredients of sec are:- _ Having a husband or wife living. Marries in any case. |. In which such marriage is void . By reason of its taking place during the life of such husband or wife, ‘very foundation of civilized society the relation once formed steps vies to various obligation and liabilities there under which the 4, It is the foundation of the family and in term WEYNS . Marriage is in and binds p public at large is deeply intende' of the society. Ge Till the time we: achieve t India there is an open ju question our consideration law, after converting to uiiform civil code for all the citizen of ddgment to Hindu husband. The case hes in the ce whether Hindu husband married under Hinds Islam without dissolving the first thamiage 68 «will be illegal and the husband can, be prepared he goal o solemnized second marriag for bigamy w/s 494 IPC. 7,/the court held that Hindu marriage continues 0 exist even after one of the ea spouse converting to Islam there is automatic. dissolution of Hindu marriage jt can be only dissolved by decree of divorce oT any of the grounds 13 of HMA”. oncept that there 1S no juentioned in sec 8, Mr. justice kuldip singh said that al necessary connection between religion marriage, ‘succession & Jike matters ate, eeghomdon 14 ductors auch GPP pyseee “quem rt 44is based on the ct t s ind personal Jaw ina civilized society distortions, the judges of a secular is Nout qIS ‘ America it ie beh judicially acclaimed that, the practice ¢ ‘public morals’ judges has. directed the govt. to take i um implementing the mandate of article 44 of the constitution ?.. The appeal and the rights are dismissed. There will be appeals and writ petitions a ee