Sarla Mudgal case
Also called: Sarla Mudgal v. Union of India (1995) · Topic: Directive Principles and Fundamental Duties · NCERT: Beyond NCERT
Meaning
Sarla Mudgal v. Union of India (1995) is a Supreme Court judgment on marriage and religious conversion. The Court held that a Hindu husband cannot become a Muslim just to marry a second time without ending his first marriage. A second marriage like that does not free him from his first marriage. The Court also urged the government to make a uniform civil code under Article 44.
Example
In this case, Hindu men had converted to Islam only to take a second wife while their first marriage was still in force. The Court refused to let conversion be used this way. Later, in Lily Thomas (2000), the Court clarified that it cannot order Parliament to make a uniform civil code.
Don't confuse with
- Shayara Bano case (2017): the Court struck down instant triple talaq by a 3:2 vote. Sarla Mudgal dealt with Hindu husbands converting in order to marry again.
Related concepts
- Uniform civil code
- Hindu Code Bill
- Special Marriage Act 1954
- Goa Civil Code
- Shah Bano case
- Muslim Women (Protection of Rights on Divorce) Act 1986
- Shayara Bano case
- Muslim Women (Protection of Rights on Marriage) Act 2019
- Uttarakhand Uniform Civil Code Act 2024