Change of Religion for Marriage only

Deepak Rikhari (Querist) 27 March 2008 This query is : Resolved
Please tell me that if a person changed his religion only for another marriage then can he do so? Is it legal? For example a hindu man converted himself for Muslim only to do more marriages.

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Guest (Expert) 27 March 2008
Well, this is very difficult to tell.

According to Hindu law, an apostate is not absolved from all civil obligations just because he converted to another religion. Therefore, it means that his matrimonial tie with his first wife remains intact and doesn't dissolve ipso facto, in case he converts to any other religion other than Islam.

But since Islam permits polygamy, I P-E-R-S-O-N-A-L-L-Y feel that such an act doesn't come under the purview of offence. However, the courts have refused to accept this trend except for cases falling under 'bonafide' conversion to Islam. Thus, if in a court of law it can be 'proved' that the person (bridegroom) had converted to Islam in an utmost sincere manner and not with the ulterior intention of contracting multiple marriages, he cannot be held guilty.

Please go through Sarla Mudgal v. Union of India (AIR 1995 SC 1531) for further clarification on this point.

Guest (Expert) 27 March 2008

Prakash Yedhula (Expert) 27 March 2008
According to the Hindu Marriage Act, conversion of one of the spouses does not automatically dissolve a marriage solemnised under Hindu law. The persons continue to be ‘husband and wife’, despite the conversion of one of them. Conversion is only grounds for divorce or judicial separation.

Therefore, unless a decree of divorce is obtained the ‘marital bond’ persists. A second marriage, even after conversion, would be void under Section 11 of the Hindu Marriage Act. The marriage would also be void under Section 17 of the Act, which makes bigamy punishable by making Section 494 of the IPC applicable.

The judgment reported as Lily Thomas versus Union of India, 2000 (6) SCC 224 unequivocally declares that if the first marriage was under any personal law where there is a prohibition on contracting a second marriage during the lifetime of the spouse, as in Hindu or Christian law, then a second marriage performed under Muslim law would make the person liable for prosecution for bigamy.

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