SARALA MUDGAL V UNION OF INDIA

An act which is recognised by the law as an offence cannot be committed within the society. Bigamy is such an act. Though bigamy is considered an offence in India, it is legal under the Muslim personal law to maintain up to four wives. In India, marriage and divorce are governed by the personal laws. Muslim personal law allows polygamy. The case analyses the marriage done by the person by the change of religion with a sole purpose to commit bigamy by defeating the provisions of law. The case emphasised the necessity of codifying UCC which can provide justice to the female community from the rigid clutches of personal laws that are written with the misogynistic approach.

Citation1995 AIR 1531; 1995 SCC (3) 635
Name of the Court which decided the caseSupreme Court of India
Benchย Kuldip Singh,ย R.M. Sahai
LegislationsConstitution of India (1950), the Hindu Marriage Act, 1955 and Indian Penal Code, 1860
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