AIR 1995 SUPREME COURT 1531 ::1995 AIR SCW 2326 ::1995 APLJ(Cri) 37 ::(1995) 1 LS 49 ::1995 CriAppR(SC) 212 ::(1996) 1 MahLR 410 ::(1996) MarriLJ 583 ::(1995) 2 LS 490 ::(1996) 1 CurCriR 11 ::(1996) 1 HinduLR 659 ::(1995) 3 CivLJ 101 ::1995 CriLR(SC&MP) 423 ::(1995) 2 CivilCourtC 100 ::1995 (2) OCR 149 ::(1995) Mad LJ(Cri) 496 ::1995 (3) SCC 635 ::1995 SCC(Cri) 569 ::1995 (2) RecCriR 518 ::1995 (2) All CJ 818 ::1995 CriLR(SC MAH GUJ) 423 ::(1995) 2 APLJ 21 ::1996 (5) Bom CR 272 ::1995 (2) BLJR 898 ::1995 (2) GujLH 309 ::1995 (2) DMC 351 ::1995 (2) EastCriC 50 ::(1995) 9 OCR 149 ::(1995) MatLR 294 ::1995 (2) Ker LT 45 ::1995 (1) RajLW 26 ::(1995) 2 Pat LJR 79 ::1995 BLJR 2 898 ::(1996) SC Cr R 195 ::(1995) 4 JT 331 (SC) ::1995 (4) JT 331

Supreme Court Of India

Hon'ble Judge(s): Kuldip Singh, R. M. Sahai , JJ

(A) Penal Code (45 of 1860) , S.494— Bigamy - Expression "void" in S.494 - Scope - Second Marriage of Hindu husband after his conversion to Islam- Is void marriage in terms of S.494 - It is violative of justice, equity and good conscience - Said marriage would also be in violation of rules of natural justice. Constitution of India , Art.14— The expression "void" under Section 494, has been used in the wider sense. A marriage which is in violation of any provisions of law would be void in terms of the expression used under Section 494 A Hindu marriage solemnised under the Hindu marriage Act can only be dissolved on any of the grounds specified under the said Act. Till the time a Hindu marriage is dissolved under the Act none of the spouses can contract second marriage. Conversion to Islam and marrying again would not, by itself, dissolve the Hindu marriage under the Act. The second marriage of Hindu husband after his conversion to Islam would therefore be in violation of the Act and as such void in terms of Section 494, I.P.C. Any Act which is in violation of mandatory provisions of law is per se void. And the apostate husband would be guilty of offence under S.494, as all the four ingredients of S.494 are satisfied in the Case. (Para 14 17 20 ....