Does conversion dissolve a Hindu marriage?

No. Conversion by one spouse does not dissolve the marriage. A Hindu marriage can be dissolved only on grounds in Section 13 of the Hindu Marriage Act, 1955.

What did the Court say about the Uniform Civil Code (UCC)?

The Court highlighted the need for a UCC (Article 44) to avoid conflicts from different personal laws but respected freedom of religion under Article 25.

Is the apostate husband liable under Section 494 IPC?

Yes. If he marries again without dissolving the first marriage, he commits bigamy under Section 494 IPC despite conversion.

What were the petitions about?

Multiple Article 32 petitions by affected women and an NGO exposed second marriages after conversion used to bypass monogamy under Hindu law.

Law Easy

31 October, 2025

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Sarla Mudgal v. Union of India (1995) — Easy English Case Explainer | The Law Easy

Sarla Mudgal v. Union of India (1995)

Q: Can a Hindu husband convert to Islam and marry again without divorcing first?

No. The second marriage is void and amounts to bigamy under Section 494 IPC if the first Hindu marriage has not been dissolved under law.

Supreme Court of India 1995 AIR 1995 SC 1531; 1995 SCC (3) 635 India Family & Criminal Law ~8 min

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Section 494 IPC conversion & marriage HMA Section 13 Article 44 vs 25 Uniform Civil Code

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Quick Summary Issues Rules Facts Arguments Judgment Ratio Why It Matters Key Takeaways Mnemonic IRAC Glossary FAQs Related Cases

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Quick Summary

The Supreme Court answered a hard question: Can a Hindu husband convert to Islam and marry again without divorcing first? The Court said no. Conversion does not break a Hindu marriage. A second marriage without dissolving the first is void and attracts Section 494 IPC (bigamy). The judgment also spoke about the need for a Uniform Civil Code.

Author: Gulzar Hashmi | India | Published: October 31, 2025

Issues

Can a Hindu husband, after converting to Islam, solemnize a second marriage without ending the first?
Is such a second marriage valid in law?
Is the husband guilty of bigamy under Section 494 IPC?

Rules

Monogamy under HMA

For Hindus, monogamy is the rule. Conversion does not dissolve a Hindu marriage.

HMA Section 13

A Hindu marriage can be dissolved only on grounds in Section 13 of the Hindu Marriage Act, 1955.

Section 494 IPC

Second marriage during the subsistence of the first is bigamy. Conversion cannot be used as a shield.

Facts (Timeline)

Timeline for Sarla Mudgal petitions and events

Art. 32 Petitions: Four petitions reached the Supreme Court—by NGO Kalyani, Meena Mathur, Sunita (Fathima), and others.

Second Marriages Claimed: Husbands converted to Islam and married again without dissolving the earlier Hindu marriages.

Key Episodes: Undertakings to revert; allegations of cruelty and elopement; intent to remarry after conversion surfaced.

Core Question: Does conversion allow a fresh marriage and avoid monogamy rules under Hindu law?

Arguments

Petitioners

Conversion was used only to bypass monogamy under Hindu law.
First marriage continued; second marriage should be void.
Seek protection against bigamy and recognition of wives’ rights.

Respondents

After conversion, Muslim law permits more than one wife.
Claimed bona fide change of faith and new personal law.
Argued that penal liability should not arise.

Judgment

The Court held that conversion does not dissolve a Hindu marriage. A second marriage without a valid HMA Section 13 divorce is invalid and attracts Section 494 IPC. The Court also underlined the need for a Uniform Civil Code (Article 44) while respecting religious freedom (Article 25).

Second marriage void: It violates monogamy under the HMA.
Bigamy made out: Ingredients of S.494 IPC satisfied.
Policy remark: UCC could reduce such conflicts between personal laws.

Ratio (Reason for Decision)

A spouse cannot switch personal law mid-marriage to defeat the other spouse’s rights. The first marriage subsists until dissolved by law. Any second marriage during subsistence is void and amounts to bigamy.

Why It Matters

Protects married women from sham conversions used to remarry.
Clarifies continuity of marriage despite change of faith.
Frames the UCC debate in practical terms of justice and certainty.

Key Takeaways

One Marriage Rule

Monogamy binds until a legal divorce.

S.494 Applies

Second marriage during subsistence is bigamy.

HMA Controls

Conversion cannot bypass HMA Section 13.

UCC Note

Court urged debate on a Uniform Civil Code.

Mnemonic + 3-Step Hook

Mnemonic: “C-D-B = Convert? Divorce first, or it’s Bigamy.”

Convert? Faith may change, marriage doesn’t.
Divorce first: Use HMA S.13.
Bigamy: Second marriage without divorce triggers S.494 IPC.

IRAC Outline

Issue

Validity of a second marriage after conversion without dissolving the first Hindu marriage.

Rule

HMA S.13 governs dissolution; S.494 IPC penalizes bigamy; conversion does not dissolve marriage.

Application

Husbands used conversion to contract new marriages; first marriages still subsisted; ingredients of S.494 met.

Conclusion

Second marriages were void; apostate husbands liable under S.494 IPC.

Glossary

Apostate: A person who leaves one religion for another.
Section 494 IPC: Punishes bigamy—marrying again during the life of a spouse.
HMA Section 13: Lists grounds on which a Hindu marriage may be dissolved by divorce.
Uniform Civil Code: A proposed common personal law for all citizens (Article 44 Directive Principle).