Bench:Kuldip Singh (J)
The Case has 5 petitioners under a writ petition in the Supreme Court of India :
The Doctrine of Indissolubility under Hindu Law which means that changing of religion does not automatically dissolve the marriage done under the said act. Marriage done under one personal law cannot be dissolved by another personal law just because the parties changed their religion. If it is allowed to dissolve a marriage merely by changing of religion, it will be ridiculous to the rights of the spouse who did not convert into other religion. Conversion can only be a ground for divorce under Section 13(1)(ii) of the Hindu Marriage Act, 1955. Till the former Marriage is not dissolved as per the act under which the marriage was done, anotherMarriage will be void if Personal laws don’t specify otherwise. The second marriage of a Hindu husband after embracing Islam will be violative of justice, equity and good conscience and would be void on such grounds while also attracting the provisions of Section 494, IPC. Natural Justice is also violated by such practices.
The court in this case highlighted the importance of a Uniform Civil Code throughout the territory of India under Article 44 of the Indian Constitution. Article 44 is needed as it based on the concept that there is no connection between religion and personal law in a civilized society and seeks to introduce a uniform personal law which is a decisive step towards national consolidation..
For the criticism against the Uniform Civil Code the court said that if the non-implementation of the Uniform Civil Code amounts to grave failure of Indian democracy, the positive side of the code cannot be ignored which will promote homogeneity and national solidarity.