Court caseAIR 1995 SC 1531

Four petitions under Article 32 were heard together. In each, a Hindu husband had converted to Islam solely to marry a second woman while his first Hindu marriage subsisted, and then claimed that as a Muslim he could have four wives. Sarla Mudgal, head of a women's organisation, and the first wives asked the Court to declare such marriages void and the husbands liable for bigamy.

Kuldip Singh J held that a Hindu marriage can be dissolved only under the Hindu Marriage Act; conversion does not automatically dissolve it. A second marriage during its subsistence is void under section 494 IPC, and the apostate husband is guilty of bigamy. The Court said the practice was a fraud on the law. Kuldip Singh J further requested the Prime Minister to take a fresh look at Article 44 and directed the Government to file an affidavit on steps taken towards a uniform civil code. Sahai J concurred on the result but cautioned that a UCC must come by gradual, persuasive steps, respecting religious sentiments.