Civil law governs the matters pertaining to marriage, adoption, inheritance, succession and so on. In India such matters of the citizens are still governed by the personal laws of their respective communities. But even after 66 years of independence it is just a distant dream leading to various ambiguities in the interpretation of personal laws.
It is a review of the above mentioned case. The case holds extreme importance as it laid down principles against the practice of solemnizing second marriage by conversion to Islam, with first marriage not being dissolved, followed by Hindu husbands.
This paper briefly states the facts of the case, issues raised in the case and discusses relevant laws applied in the case, decisions and analysis of the judgment followed by a conclusion. Several case laws which are related to the present case have been referred to and only relevant parts of the judgments have been taken into consideration.
Various other cases have been referred to for supporting the arguments stronger. Relevant parts of the judgment have been extracted. All the works and cases referred to in this paper have been properly cited and are related to the case Sarla Mudgal v.
Does India need a Sarla mudgal essay Civil Code for all its citizens? Whether a Hindu husband, married under Hindu law, by embracing Islam, can solemnize second marriage? Whether such a marriage without having the first marriage dissolved under law, would be a valid marriage where the first wife who continues to be Hindu?
Petitioner one is a registered society by the name Kalyani which helps needy and distressed women. Sarla Mudgal is the head of this organization. Three children two sons and a daughter were born out of the marriage.
In earlythe petitioner found out that her husband had solemnized second marriage with one Sunita Narula aka Fathima which took place after their conversion to Islam and adoption of Muslim religion. This conversion of her husband, as contended by the petitioner, was only for the purpose of marrying Sunita Narula and circumvented the provisions of Section of IPC.
Jitender Mathur contended that having embraced Islam, he can have four wives irrespective of the fact that his first wife continues to be Hindu. An interesting fact to be noted here is that Sunita alias Fathima is the petitioner in Writ Petition of She contends that she along with Jitender Mathur who was earlier married to Meena Mathur embraced Islam and thereafter got married.
A son was born to her. She further states that after marrying her, Jitender Prasad, under the influence of her first Hindu-wife, gave an undertaking on April 28, that he had reverted back to Hinduism and had agreed to maintain his first wife and three children.
Her grievance is that she continues to be Muslim, not being maintained by her husband and has no protection under either of the personal laws.
Another petitioner in Writ Petition ofGeeta Rani, who was married to Pradeep Kumar on November 3,alleged that her husband harassed her physically and mentally and once broke her jaw bone. Inshe found out that he eloped with another woman and married her after converting to Islam for getting married.
Sushmita Ghosh is another unfortunate lady who is a petitioner in Civil Writ Petition of She was married to G. Ghosh according to Hindu rituals on May 10, On April 20,the husband told her that he no longer wanted to live with her and as such she should agree to divorce by mutual consent.
The petitioner was shocked and prayed that she was her legally wedded wife and wanted to live with him and as such the question of divorce did not arise. The husband finally told the petitioner that he had embraced Islam and would soon marry one Vinita Gupta. He had obtained a certificate dated June 17, from the Qazi indicating that he had embraced Islam.
In the writ petition, the petitioner has further prayed that her husband be restrained from entering into second marriage with Vinita Gupta.
Marrying again during the lifetime of husband or wife. Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.We will write a custom essay sample on The Constitutions of The World specifically for you.
Legal Provisions of Section of Indian Penal Code, Marrying again during lifetime of husband or wife: Marrying again during the lifetime of husband or wife, that is to say, bigamy, has been made a punishable offence under this section.
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Dec 13, · The present case has 4 petitioners. It is a writ petition under Article 32 of the Indian Constitution. Petitioner 1 is the President of "KALYANI" - a registered society - which is an organisation working for the welfare of needy-families and women in distress.
Petitioner 2, Meena Mathur was married t Jitender Mathur in Check out our other writing samples, like our resources on Rebuttal Essay Examples, Ralph Waldo Emerson Self-Reliance Essay, Racism Workplace Essay.
+ see more popular essays - hide popular essays Interpretation of Early Buddhist Art Essay. BENEFIT & CHALLENGES OF UNIFORM CIVIL CODE IN INDIA A Uniform Civil Code is much better for India. As India need the Uniform Civil Code because in India there are different laws, rules and regulation according to the different religion, different caste and section, which make the confusion in the law.