Kanooni Charcha: Sarla Mudgal Vs UOI… Bigamy by a Hindu male is punishable irrespective of Conversion to Muslim Faith
Kanooni Charcha by Rtd Judge Subash Gupta / Former Member Public Service Commission J&k on topic -Enforcement of three new criminal laws -B NS-2023,B NSS-2023 & B S Act-2023 from the First day of July 2024 except section 104(2) of B NS 2023 in India – Decoding / delving upon the salient features of Judgement of Supreme Court of India in case titled Sarla Mudgal V S Union of India dated 10-5-1995-Ms Sarla was the President of a NGO namely Kalyani -Conversion to Islamic faith by a Hindu does not absolve him from Criminal charge & punishment under section 494 Of I P C for bigamy -Another legal point decided by Their lordships -Dissolution of earlier marriage in due course of law is mandatory for solemnisation of second marriage by a Hindu -Virtually -Practice of Conversion with ulterior motive of solemnisation of second marriage was deprecated -Further no change effective in section 81 of BNS 2023 which is replacing section-494 of IPC-It means under new provisions of law also Bigamy /Polygamy is not made as punishable in case of Muslim male -It shows hallow claims are being made for earlier enforcement of Uniform Civil Code rather it appears time has not yet ripe for its applicability.
