Second Marriage after conversion to islam is Void

Lily Thomas and Ors. vs. Union of India (UOI) and Ors. (05.04.2026 - SC) : MANU/SC/0327/2000

Case Note:
(1) Hindu Marriage Act, 1955 - Sections 5 (i), 11 and 17-Indian Penal Code, 1860-Section 494-Second marriage by Hindu after conversion to Islam during subsistence of first marriage-Whether offence and punishable?-Held, “yes”-It is offence under Section 17 of Hindu Marriage Act read with Section 494, I.P.C.-Mere conversion does not bring to an end marital ties.

Mere conversion does not bring to an end the marital ties unless a decree for divorce on that ground is obtained from the Court. Till a decree is passed, the marriage subsists. Any other marriage, during the subsistence of first marriage would constitute an offence under Section 494 read with Section 17 of the Hindu Marriage Act, 1955, and the person, inspite of his conversion to some other religion, would be liable to be prosecuted for the offence of bigamy. It also follows that if the first marriage was solemnised under the Hindu Marriage Act, the ‘husband’ or the ‘wife’, by mere conversion to another religion, cannot bring to an end the marital ties already established on account of a valid marriage having been performed between them. So long as that marriage subsists, another marriage cannot be performed, not even under any other personal law and on such marriage being performed, the person would be liable to be prosecuted for the offence under Section 494, I.P.C.

Even under the Muslim Law, plurality of marriages is not unconditionally conferred upon the husband. It would, therefore, be doing injustice to Islamic Law to urge that the convert is entitled to practice bigamy notwithstanding the continuance of his marriage under the law to which he belonged before conversion. The violators of law who have contracted the second marriage cannot be permitted to urge that such marriage should not be made subject-matter of prosecution under the general Penal Law. The Islam which is pious, progressive and respected religion with rational outlook cannot be given a narrow concept as has been tried to be done by the alleged violators of law.

(2) Constitution of India, Articles 20 (1), 21 and 25 - Hindu Marriage Act, 1955-Sections 5 (i), 11 and 17-Indian Penal Code, 1860-Section 494-Second marriage by Hindu after conversion to Islam during subsistence of previous marriage-Whether made offence for first time by judicial pronouncement in Sarla Mudgal, AIR 1995 SC 1531?-Held, “no”-No violation of Articles 20 (1) and 21-Freedom in respect of religion guaranteed by Article 25 also not violated.

(3) Review - What is? - Power when exercisable?

The power of review can be exercised for correction of a mistake and not to substitute a view. Such powers can be exercised within the limits of the statute dealing with the exercise of power. The review cannot be treated an appeal in disguise. The mere possibility of two views on the subject is not a ground for review. Once a review petition is dismissed no further petition of review can be entertained. The rule of law of following the practice of the binding nature of the larger Benches and not taking different views by the Benches of co-ordinated jurisdiction of equal strength has to be followed and practiced. However, the Supreme Court in exercise of its powers under Article 136 or Article 32 of the Constitution and upon satisfaction that the earlier judgments have resulted in deprivation of fundamental rights of a citizen or rights created under any other statute, can take a different view notwithstanding the earlier judgment.