LILY THOMAS, ETC. ETC versus UNION OF INDIA AND ORS.

LILY THOMAS, ETC. ETC versus UNION OF INDIA AND ORS.

A Hindu marriage does not dissolve upon conversion to Islam by one spouse. Mere conversion cannot dissolve marital ties; a decree from court is required. A second marriage during the subsistence of the Hindu marriage constitutes an offence under Section 494 IPC. The Sarla Mudgal judgment did not create new law, but only interpreted the existing statutory law. Review is not maintainable in absence of an apparent error. No directions for Uniform Civil Code were issued; apprehensions on this are unfounded.

Parties
Petitioner: Lily Thomas; Respondents: Union of India and Others
Jurisdiction
India
Judgment Date
05 May 2000
Procedural Posture
Review Petition and Writ Petitions / Final Disposal
Outcome
Petitions dismissed
Legal Topics
Judicial Review, Apostasy and Marriage, Bigamy, Conversion and Marital Status, Uniform Civil Code, Fundamental Rights
Constitutional Law Family Law Criminal Law Judicial Review Apostasy and Marriage Bigamy Conversion and Marital Status Uniform Civil Code +1 more

Case Brief

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Parties

Lily Thomas

Petitioner

Union of India and Others

Respondents

Procedural Posture

Review Petition and Writ Petitions / Final Disposal

Legal Issues

  1. 1 Whether the judgment in Sarla Mudgal violates Articles 20, 21, 25, and 26 of the Constitution
  2. 2 Whether conversion to Islam dissolves a Hindu marriage
  3. 3 Whether second marriage by a convert is prosecutable under IPC Section 494

Ratio Decidendi

A Hindu marriage does not dissolve upon conversion to Islam by one spouse. Mere conversion cannot dissolve marital ties; a decree from court is required. A second marriage during the subsistence of the Hindu marriage constitutes an offence under Section 494 IPC. The Sarla Mudgal judgment did not create new law, but only interpreted the existing statutory law. Review is not maintainable in absence of an apparent error. No directions for Uniform Civil Code were issued; apprehensions on this are unfounded.

Court Disposition

Petitions dismissed

Orders

  • Review Petition and Writ Petitions disposed of finally with the clarifications and interpretation set out herein.
  • All interim orders passed in these petitions stand vacated.