Trace Your Case

ISSUE:

Whether a Hindu husband, married under Hindu law by embracing Islam, can solemnize a second marriage?

Whether such a marriage without having the marriage dissolved under the law, would be valid?

Whether the apostate husband would be guilty of the offense under Section 494 of the IPC?

RULE:

A second marriage by an apostate under the shelter of conversion to Islam would nevertheless be a marriage in violation of the provisions of the Act by which he would be continuing to be governed so far as his first marriage under the Act is concerned despite his conversion to Islam.

The second marriage of an apostate would, therefore, be illegal marriage qua his wife who married him under the Act and continues to be Hindu.

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