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The Supreme Court of India in Sarla Mudgal V. Union of India ruled that a husband cannot marry another woman without dissolving his first marriage, as it violates the rights of the spouse who adheres to the original religion. This ruling emphasizes the importance of adhering to personal laws and the legal process for marriage dissolution. It also highlights the principle of natural justice, preventing individuals from circumventing legal provisions when changing religious faith.

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Ajay Singh
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24 views1 page

Suggestion

The Supreme Court of India in Sarla Mudgal V. Union of India ruled that a husband cannot marry another woman without dissolving his first marriage, as it violates the rights of the spouse who adheres to the original religion. This ruling emphasizes the importance of adhering to personal laws and the legal process for marriage dissolution. It also highlights the principle of natural justice, preventing individuals from circumventing legal provisions when changing religious faith.

Uploaded by

Ajay Singh
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

SUGGESTION

The Supreme Court of India in Sarla Mudgal V. Union of India has rightly stated that the

apostate husband is not allowed to marry another woman without dissolving his first

marriage. The first marriage is solemnized under a particular personal law, and

solemnizing the second marriage without dissolving the first marriage violates the rights

of the partner who continues to believe in the same religion and is reluctant to change

one's religious faith.

It is also against natural justice because it allows a married person who wants to desert

his spouse to circumvent the provision of section 494 of the Indian Penal Code. If one of

the spouses embraces Islam and wants to marry another person after converting their

religious faith, they need to dissolve their first marriage according to the procedure

established by law.

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