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may 1995

Supreme Court of India · 1995-05-10

SMT. SARLA MUDGAL(DEAD) vs UNION OF INDIA .

Citation / case number
SC 1989/71644
Court
Supreme Court of India
Petitioner
SMT. SARLA MUDGAL(DEAD)
Respondent
UNION OF INDIA .
Author
KULDIP SINGH
Bench
KULDIP SINGH

Judgment text excerpt

The Supreme Court ruled that Article 44 of the Constitution mandates the establishment of a uniform civil code in India, emphasizing the need for a unified personal law. The Court addressed whether a Hindu husband, after converting to Islam, could validly marry again without dissolving his first marriage, concluding that such a second marriage would be invalid under Section 494 IPC, which penalizes bigamy. The Court held that the conversion was a circumvention of the law, reinforcing the necessity for legal clarity on personal laws.

SMT. SARLA MUDGAL(DEAD) vs UNION OF INDIA . · Niyam