lily thomas vs union of india Case Facts
The wife of GC Ghosh (Mohd. Karim Ghazi), Sushmita Ghosh, filed a writ suit in the Supreme Court claiming that they were married on May 10, 1984, in accordance with Hindu customs and ceremonies.
- On April 1, 1992, Sushmita Ghosh’s husband informed her that he had chosen to remarry Miss Vanita Gupta, a resident of Delhi, after converting to Islam.
- The petitioner stated that she had experienced discrimination based on her religion and sexual orientation as a result of her husband’s behaviour, and that it is in her best interest to consent to the divorce. article 15 (1) of indian constitution, which protected her rights, was violated. There was a contention that his spouse’s true purpose for converting to Islam was to obtain a second wife, something that is forbidden under Hindu law.
- The 34-year-old petitioner is jobless and has endured great emotional distress as a result of their husband’s actions. According to research, the petitioner claimed that Hindu males who were unsuccessful in getting a divorce frequently harboured a desire for a second wife who would become an Islamic convert in order to state their craving. They remarry or get divorced, at which point they convert once more to obtain property titles.
lily thomas vs union of india Issues
- Should all citizens be subject to a uniform civil code?
- Can a Hindu husband who converts to Islam legally enter into a second marriage?
- Is the husband subject to section 494 of ipc for bigamy?
Contentions by the Parties
Petitioner:
- The petitioner said that while bigamy is against a woman’s freedom to engage in such bigamous actions, it is unacceptable that a simple religious conversion to Islam may justify it, given that marriage is revered as a sacred institution.
- The argument made before the SC was that Muslim law prohibiting male polygamy is unconstitutional.
- Because there are so many religious personal laws in the nation, a prayer was instituted before the Honorable Court to develop a uniformed Civil Code that will rule all residents generally.
Respondent:
- The petitioner’s plea was accepted by the State, which expressed its satisfaction.
- As a result, numerous changes were made in relation to this scenario.
lily thomas vs union of india Judgment
- The Court held that a Hindu husband who enters into a second marriage after converting does not do so out of conscience; rather, the conversion is obviously false and orchestrated with the intention of achieving a covert goal, namely, getting married again without incurring any legal consequences.
- As a result, it was established that since Article 21 had been broken, the marriage was null and void.
- Saying that a husband’s conversion to another religion ends the marriage is insufficient.
- There are no laws in India referring to marriage because it happens in line with each person’s own rules.
- Because of this, such matters could not be codified, and handling them in accordance with the universal civil code would be unfair to the personal opinions of each individual.
- But misbehaviour carried out in the name of such personal law is illegal, as the Supreme Court ruled in this case when it ruled that it was forbidden to become an Islamic convert and marry someone else while one was still married to one’s first wife.
- In India, a marriage is arranged in accordance with the spouses’ own personal laws. Therefore, it is impractical to codify them consistently and implement the uniform civil code. Any wrongdoing committed in violation of personal law will always be punished with the appropriate penalties, as specified by the law.
The Court ruled in favour of the wife in this case, making it unlawful to convert to Islam in order to get married to someone else while continuing to be married to the first wife.
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