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4 Issue 6 Indian J.L. & Legal Rsch. 1 (2022-2023)
Case Analysis: Sarla Mudgal v. Union of India (AIR 1995 SC 1531)

handle is hein.journals/injlolw9 and id is 956 raw text is: Indian Journal of Law and Legal Research CASE ANALYSIS: SARLA MUDGAL V. UNION OF INDIA (AIR 1995 SC 1531) Manya Tulsian, Jindal Global Law School Introduction This case analysis introspects the decision of the Supreme Court in the case of Sarla Mudgal v. Union of India, in light of the debate of the validity of the second marriage after converting to Islam. The cases poses three questions before the Supreme Court (a) whether a Hindu husband, married under Hindu law, by embracing Islam, can solemnize a second marriage, (b) whether such a marriage without having the first marriage dissolved under the law would be a valid marriage qua the first wife continues to be a Hindu, and (c) whether the apostate husband would be guilty of the offence under section 494 of the Indian Penal Code, 1860.1 This case analysis aims to understand the applicability of Uniform Civil Code in such cases of marriage, divorce, adoption, inheritance, succession to property etc. as suggested by the honourable Court. Sarla Mudgal v. Union of India (hereinafter referred to as Sarla Mudgal) is a landmark judgment which deals with the issue of polygamy through conversion and is an important judgment protecting the rights of women and enforcing the idea of a Uniform Civil Code. This case established the principles against the practise of solemnising second marriages through conversion to Islam while the first marriage remains intact. The case analysis examines the issue of bigamy, the conflict between existing personal laws on marriage, and the application of Uniform Civil Code through the implementation of Article 44 of the Indian Constitution. Factual Background Four writ petitions pertaining to the same issue were heard together. There are two petitioners in Writ Petition 1079/89. Petitioner 1, Sarla Mudgal is the President of 'Kalyani', a registered society working for the welfare of needy-families and women in distress. Petitioner 2, Meena Mathur was married to Jitendra Mathur who solemnized a second marriage after converting to Islam with Sunita Narula alias Fathima. Interestingly, Sunita alias Fathima is a petitioner in Write Petition 347 of 1990 who contended that her husband had reverted to Hinduism and had ' Sarla Mudgal v Union of India, AIR 1995 SC 1531; 1995 SCC (3) 635. 1 Volume IV Issue VI ISSN: 2582-8878

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