Supreme Court of India
Smt. Sarla Mudgal, President, Kalyani and Ors. v. Union of India and Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
3 Supreme Court benches have cited this judgment.
What the Court ordered
We hold that the second marriage of a Hindu-husband after conver sion to Islam, without having his first marriage dissolved under law, would be invalid.
Judgment, page 18
From the headnote
Hindu Marriage Act, S.11-Hindu husband embracing Islam and solemnising second maniage without dissolution of the firsHfeld, second maniage is invalid. Indian Penal Code 1860, S.494-Hindu husband embracing Islam and solemnising second maniage without dissolution of the first-Held, second maniage void; husband would be guilty of bigamy. Interpretation of Statutes-Indian Penal Code 1860, S.494-Hindu hus band converting to Islam and contracting second maniage--Courts to adopt a construction of law that would advance interests of justice and harmony between conimunities.
Authorities it was built on
Where later benches applied it
- 2019 Jose Paulo Coutinho v. Maria Luizavalentina Pereira & Anr.
- 2017 Shayara Bano v. Union of India and Others
- 2015 Khursheed Ahmad Khan v. State of U.P. & Ors.
Of those, 3 referred to
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