LILY THOMAS V. UOI (2013) 7 SCC 653.

LILY THOMAS V. UOI (2013) 7 SCC 653

 

FACTS

The case involved Sushmita Ghosh, who claimed that she was married to Mr. M C Ghosh in 1984 following Hindu customs. In 1992, Mr. Ghosh sought a divorce by mutual consent, citing his conversion to Islam, so he could marry another woman, Ms. Vinita Gupta, who was previously married and had two children. It was clear that Mr. Ghosh converted to Islam to enable his second marriage, and he did not genuinely practice the new religion.

The main issues were whether a Hindu man could enter into another marriage after converting to Islam and whether he could be charged with bigamy under Section 494 of the Indian Penal Code (IPC), 1860.

 

PETITIONER’S CONTENTIONS:

The petitioner argued that the respondent's conversion to Islam was not in line with Muslim laws, as he continued to live with his Hindu name Gyan Chand Ghosh, rather than his converted name Mohammad Kareem Ghazi. The petitioner argued that the second marriage should be declared void under section 11 of the Hindu Marriage Act, as the date of solemnization was September 3, 1992. The petitioner also argued that Mr. Gosh should be punished under section 17 of the Hindu Marriage Act and 494 and 495 of the Indian Penal Code.

 

RESPONDENT’S CONTENTIONS:

The state agreed with petitioners in their plea, stating that after accepting Islam, one can have four spouses, regardless of the main wife's Hinduity. The respondent was accused of violating IPC sections, but there is no question of infringement of essential privileges. Conversion rules in Islam are based on personal beliefs and customs, and the respondent met these requirements. Article 25 of the Indian Constitution ensures freedom of religion, and personal laws can be applied in cases where the respondent has converted. Muslim laws allow polygamous marriages up to four, and the Quran states that a Muslim man can marry with as many as four spouses.

 

JUDGMENT-

• The Court ruled that when a Hindu husband converts to another religion and contracts a second marriage, it is not a matter of genuine conscience conversion but rather a fraudulent attempt to achieve a hidden agenda, which is to enter into a second marriage without facing legal consequences. Therefore, such a marriage is considered void and invalid as it violates Article 21.
• It was clarified that a marriage does not dissolve automatically just because a husband converts to a different religion. Contracting a second marriage through conversion to Islam while the first marriage is still subsisting would lead to legal action under various provisions of the Indian Penal Code. In India, marriage is governed by personal laws, and there are no uniform marriage-related laws applicable to all citizens.
• Hence, it is not feasible to codify such laws, but actions taken under the pretext of personal laws can be subject to legal penalties. This case, therefore, made it illegal to marry another person by converting to Islam while still being married to the first wife.