Conversion and Polygamy a Case Comment on Sarla Mudgal
By
Ms. Usha Tandon
Marriage Laws in India have unequivocally shown a clear preference for monogamous mar-riages1. with the notable exception of Muslim Law which permits ploygamy. Except Muslim law every other personal law and the secular law of marriage in India, render the bigamous marriage not only void2, but also criminal under Ss. 494 and 495, LP.C.3.
Again, barring Muslim Law4 none of the personal laws treat conversion by a spouse, from his/her religion to another religion, as a ground for automatically dissolving the marriage. Under other personal laws conversion of spouse is only a ground for divorce to the aggrieved spouse5.
Because of the fact that Muslim Law in India allows polygamy, a husband who intends to contract a bigamous marriage finds conversion to Islam as the easiest way out to enter into another ma ....