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Nandha (NIL)     14 February 2012

Second marriage after converting to islam??

Dear Ld. lawyers,

I read a news item in which the relationship between Dharmendra & Hema Malini came up.

"When Dharmendra's wife Prakash Kaur made it clear that she wasn't going to grant him a divorce, it is believed that the lovers converted to Islam to get this second union recognised"

This is really confusing.  Does converting to Islam allows you to be in a relationship with another woman?

Can anyone clarify?

Regards

nandha

 



Learning

 3 Replies

Sameer12345 (SSE)     14 February 2012

Prakash Kaur must be having sympathy for Dharmendra........ I hope you got the answer.....

Tajobsindia (Senior Partner )     14 February 2012

@ Author,


For a long time past, married men whose personal law does not allow bigamy have been resorting to the unhealthy and immoral practice of converting to Islam for the sake of contracting a second bigamous marriage under a belief that such conversion enables them to marry again without getting their first marriage dissolved.

 

 

The Hon'ble Supreme Court of India outlawed this practice by its decision in the case of Sarla Mudgal Vs. Union of India, AIR 1995 SC 1531. The ruling was re-affirmed five years later in Lily Thomas Vs. Union of India (2000) 6 SCC 224.

 

 

In view of the above, the Law Commission suo motu took up the subject to examine the existing legal position on Bigamy in India along with judicial rulings on the subject and to suggest changes in various family law statutes.

 

 

The LCI (Law Commission of India) have recommended in their Report no. 227 as under:

 

(i) In the Hindu Marriage Act 1955, after S. 17 a new S. 17-A be inserted to the effect that a married person whose marriage is governed by this Act cannot marry again even after changing religion unless the first marriage is dissolved or declared null and void in accordance with law, and if such a marriage is contracted it will be null and void and shall attract application of S. 494 - 495 of the Indian Penal Code 1860.

 

 

(ii) A similar provision be inserted at suitable places into the Christian Marriage Act 1872, the Parsi Marriage and Divorce Act 1936 and the Dissolution of Muslim Marriages Act 1939.

 

 

(iii) The Proviso to S. 4 of the Dissolution of Muslim Marriages Act 1939 – saying that this S. would not apply to a married woman who was originally a non-Muslim if she reverts to her original faith – be deleted.

 

 

(iv) In the Special Marriage Act 1954 a provision be inserted to the effect that if an existing marriage, by whatever law it is governed, becomes inter-religious due to change of religion by either party it will thenceforth be governed by the provisions of the Special Marriage Act including its anti-bigamy provisions.

 

 

(v) The offences relating to bigamy under Ss. 494-495 of the Indian Penal Code 1860 be made cognizable by necessary amendment in the Code of Criminal Procedure 1973.

 

 

Hope you are now clarified of your query before us.

2 Like

Hem Raj (advocate)     14 February 2012

dear sir ,

tajobsindia is very right.

a good approach to matter.

regards.


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