LT v. UOI EDITED

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LILY THOMAS V UNION OF INDIA, AIR

2000 SC 1650
FACTS

Smt. Sushmita Ghosh, who is married to Shri GC Ghosh, is lodging a


petition with the following points:
• Their marriage was solemnized on 10th May 1984, as per the Hindu
Marriage Act, 1955.
• On 1st April 1992, Mr. Ghosh asked for a mutual consent divorce,
explaining that he had converted to Islam, intending to enter a
second marriage with Miss Vanita Gupta. He even provided a
certificate of his conversion to Islam, authorized by a Qazi, to the
court.
• Despite the petitioner's earnest efforts, her appeals to Mr. Ghosh
and his family to preserve their marriage were unsuccessful. He
insisted that she either agree to a divorce or accept his plan to
marry another woman.
FACTS

• The circumstances strongly suggest that Mr. Ghosh's conversion to Islam is


primarily aimed at enabling a second marriage, rather than being a genuine
religious transformation (backed by evidence such as his listing of 'Hindu' as his
religion in a Bangladeshi visa application).
• The petitioner is invoking Article 15(1) to challenge the unfair treatment based
solely on religion and gender.
• She contends that the enforcement of the Muslim Personal Law Act of 1937,
facilitated by state action, leads to discrimination against her, which contradicts
Article 13(1) and violates the constitution.
• The petition seeks to prevent the impending second marriage, scheduled for 10th
July 1992.
• It is emphasized that the respondent cannot exploit his conversion as a pretext for
pursuing polygamy, given the legitimacy of their existing marriage.
ISSUES

• Whether an apostate husband who converted merely with a view to


avoid an earlier marriage or to enter a second marriage, be liable for the
offence of bigamy U/s 494 of IPC?
RATIO

• It was clearly contended in the appellant’s petition that the respondent


had not really converted to the ‘Muslim’ faith but had only feigned
conversion to solemnize a second marriage.
• 3-Pronged test of Faith, Belief and devotion (Para 38 SCC)
• The respondent does not practice the Muslim rites as prescribed nor
has he changed his name or religion and other official documents,
proving that the said conversion was not a matter of having faith in the
Muslim religion but only to get rid of first marriage.
• Since under the Hindu Marriage Act, a bigamous marriage is prohibited
and has been constituted as an offence under Section 17 of the Act, any
marriage solemnized by the husband during the subsistence of that
marriage, despite his conversion to another religion, would be an
offence triable under Section 17 of the Hindu Marriage Act, 1955 read
with Section 494 of IPC.
RATIO

• Any marriage solemnized between two Hindus is said to be void if the


following conditions are satisfied:
 If the marriage is solemnised after the commencement of the Act,
 If at the date of such marriage, either party had a spouse living.
• If a person contracts a second marriage during the subsistence of his
earlier marriage, such marriage apart from being void under Section 11
& 17 of the Hindu Marriage Act would also constitute an offence and that
person could be liable to be prosecuted under Section 494 of IPC.
CONCLUSION

• Considering the above-mentioned facts and circumstances, it was held


that the conversion or apostasy does not automatically dissolve a
marriage already solemnized under the Hindu Marriage Act but only
provides a ground for divorce under Section 18. Till a decree of divorce
is passed, the marriage subsists. Any other marriage, during the
subsistence of the first marriage would constitute an offence under
Section 494 read with Section 17 of the Hindu Marriage Act, 1955 and
the person, despite his conversion to some other religion, would be
liable to be prosecuted for the offence of bigamy.

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