Lily Thomas vs. Union of India (2000)

Hey learners,

In this landmark case, Lily Thomas, a social activist, challenged the practice where Hindu men converted to Islam solely to marry another woman while their first Hindu marriage remained valid. This practice was prevalent among men who sought to bypass the monogamy provisions of the Hindu Marriage Act, 1955.

The Supreme Court of India examined the matter and ruled that conversion to Islam does not automatically dissolve a valid Hindu marriage. The Court emphasized that such conversions, done solely to contract a second marriage, are invalid and void under Section 11 of the Hindu Marriage Act. Furthermore, the individual would be liable for prosecution under Sections 494 and 495 of the Indian Penal Code for committing bigamy.

The judgment reinforced the principle that religious conversion cannot be used as a tool to circumvent the legal obligations of an existing marriage. It also highlighted the need for a Uniform Civil Code to ensure equal rights and protection for all citizens, irrespective of their religion.

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Case Summary

Citation: AIR 2000 SC 1650; (2000) 6 SCC 224
Court: Supreme Court of India
Bench: Justice S. Saghir Ahmad and Justice R.P. Sethi
Date: 5 May 2000

Facts of the Case

This case was closely connected to the issues raised in Sarla Mudgal vs. Union of India (1995). Several petitions were filed by women whose husbands, already married under Hindu law, had converted to Islam solely for the purpose of contracting a second marriage.

The petitioners, including advocate Lily Thomas, sought clarity on whether conversion to Islam automatically dissolved a Hindu marriage and allowed the husband to remarry without committing bigamy.

Legal Issues

1. Does conversion to Islam automatically dissolve a Hindu marriage solemnized under the Hindu Marriage Act, 1955?
2. Can a Hindu husband marry again after conversion without divorcing his first wife?
3. Whether such acts attract Section 494 IPC (bigamy).
4. Whether the earlier decision in Sarla Mudgal required reconsideration.

Arguments

Petitioners (Wives & Lily Thomas)

• Claimed that conversion was being misused as a legal loophole to escape monogamy under Hindu law.
• Argued that such practices left Hindu wives helpless, violating their fundamental rights.
• Stressed that a Hindu marriage remains valid until dissolved under the Hindu Marriage Act.

Respondents (Converted Husbands)

• Contended that after converting to Islam, they were governed by Muslim law, which permits multiple marriages.
• Argued that their second marriages were valid under their new religion.

Judgment of the Court

The Supreme Court upheld the principle laid down in Sarla Mudgal vs. Union of India and ruled:

• A Hindu marriage cannot be dissolved simply by one spouse converting to Islam.
• Conversion does not end obligations under the Hindu Marriage Act.
• A second marriage without dissolving the first is void and amounts to bigamy under Section 494 IPC.
• The Court rejected the plea to review Sarla Mudgal and reaffirmed its binding authority.

Ratio Decidendi

Conversion to Islam by a married Hindu husband does not dissolve the subsisting Hindu marriage. Contracting a second marriage in such circumstances constitutes bigamy under IPC Section 494.

Legal Significance

• Reaffirmed the Sarla Mudgal precedent.
• Strengthened legal safeguards for women against arbitrary conversion-based second marriages.
• Reinforced the need for gender justice and Uniform Civil Code (UCC) discussions under Article 44 of the Constitution.

The judgment in Lily Thomas vs. Union of India was a landmark decision that reinforced women’s rights in marriage. It closed the loophole of religious conversion being misused for bigamy and strengthened the earlier ruling in Sarla Mudgal. The case stands as a cornerstone in India’s efforts toward ensuring fairness and equality in personal laws.