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HINDU LAW — COMPREHENSIVE NOTES

Topic 80

Conversion and its Effect on Marriage/Succession/Maintenance

Miscellaneous & Cross-Cutting Topics

Relevant Sections: S.13(1)(ii) HMA | S.26 HSA

Priority: HIGH | Exam Relevance: RJS/DJS/PCS-J

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Conversion and its Effect on Marriage, Succession & Maintenance

1. Introduction

Religious conversion by a Hindu spouse has profound legal consequences on marriage, succession, and maintenance. The intersection of personal law, criminal law, and constitutional rights (Articles 25 and 44) creates a complex legal landscape. The landmark cases of Sarla Mudgal v. UOI (1995) and Lily Thomas v. UOI (2000) definitively addressed the issue of conversion for the purpose of bigamy.

2. Effect on Marriage

A. Ground for Divorce (S.13(1)(ii) HMA)

Under Section 13(1)(ii) of the Hindu Marriage Act, 1955, conversion to another religion by one spouse is a ground for divorce available to the other spouse. The petition must be filed by the non-converting spouse. Conversion does NOT automatically dissolve the Hindu marriage — it merely gives the non-converting spouse a ground to seek divorce.

B. Conversion and Bigamy — The Sarla Mudgal Principle

The Supreme Court in Sarla Mudgal v. Union of India (1995) 3 SCC 635 laid down the definitive rule: A Hindu husband who converts to Islam and marries a second wife while his first Hindu marriage subsists commits the offence of bigamy under S.494 IPC (now S.82 BNS). Conversion to Islam does NOT automatically dissolve the first Hindu marriage. The first marriage can only be dissolved under the HMA. Until dissolved, any second marriage is void and constitutes bigamy.

C. Lily Thomas v. UOI (2000) — Reaffirmation

In Lily Thomas v. Union of India (2000) 6 SCC 224, the Supreme Court (5-Judge Bench review) reaffirmed Sarla Mudgal and dismissed the review petition. The Court held: (a) No violation of Article 21 or Article 25; (b) Religious freedom under Art.25 cannot be used to defeat the rights of others; (c) A person cannot be allowed to exploit religious conversion to justify polygamy.

D. Effect of Conversion on Ceremonies

A marriage solemnized under Hindu rites remains governed by the HMA until dissolved. The converted spouse cannot claim that the marriage is dissolved by operation of Islamic or other personal law. The HMA governs dissolution irrespective of subsequent conversion.

3. Effect on Succession

A. Convert Himself/Herself — NOT Disqualified

Under Section 26 of the Hindu Succession Act, 1956, a Hindu who converts to another religion is NOT personally disqualified from inheriting from Hindu relatives. The convert retains his/her right to inherit.

B. Children Born After Conversion — Disqualified (S.26 HSA)

Children born to the convert AFTER conversion are disqualified from inheriting from Hindu relatives, UNLESS they are Hindus at the time when the succession opens. (Discussed in detail in Topic 61.)

C. Caste Disabilities Removal Act, 1850

Section 1 of this Act provides that no person shall be deprived of any rights or interests in property by reason of conversion from Hinduism. This protects the convert’s pre-existing property rights.

4. Effect on Maintenance

A. Under HAMA (S.18)

Under S.18(2)(d) of HAMA, if the husband converts to another religion, the wife is entitled to live separately and claim maintenance without forfeiting her right. The husband’s conversion is a ground for the wife to live apart and still receive maintenance.

B. Under S.125 CrPC / S.144 BNSS

The wife’s right to maintenance under S.125 CrPC is a secular right and is NOT affected by the husband’s conversion. Even after conversion, the husband is bound to maintain his wife (and children) if she is unable to maintain herself.

C. Wife’s Own Conversion

If the wife herself converts, she forfeits her right to maintenance under S.18 HAMA (since she ceases to be a Hindu). However, she may still claim under S.125 CrPC, which is secular and not religion-dependent.

5. Key Case Law

Sarla Mudgal v. Union of India

(1995) 3 SCC 635

Ratio: Hindu husband’s conversion to Islam + second marriage = bigamy under S.494 IPC. First marriage not dissolved by conversion. The second marriage is void.

Lily Thomas v. Union of India

(2000) 6 SCC 224 — Review (5-Judge Bench)

Ratio: Reaffirmed Sarla Mudgal. No violation of Art.21/25. Conversion for bigamy cannot be protected under religious freedom. 227th Law Commission Report proposed statutory implementation.

Chand Patel v. Bismillah Begum

(2008) 4 SCC 774

Ratio: In the context of irregular marriages under Muslim law, wife and children are still entitled to maintenance under S.125 CrPC.

6. Comparative Table: Effect of Conversion

Area	Husband’s Conversion	Wife’s Conversion
Marriage	NOT dissolved; ground for wife’s divorce (S.13(1)(ii))	NOT dissolved; ground for husband’s divorce (S.13(1)(ii))
Bigamy	Second marriage = S.494 IPC/S.82 BNS (Sarla Mudgal)	Second marriage = S.494 IPC/S.82 BNS
Succession	Convert NOT disqualified (S.26 HSA)	Convert NOT disqualified (S.26 HSA)
Children	Post-conversion children barred (S.26 HSA) unless Hindu	Same rule applies
Maintenance (HAMA)	Wife entitled to live separately (S.18(2)(d))	Wife forfeits HAMA rights (ceases to be Hindu)
Maintenance (CrPC)	Wife’s right unaffected (secular)	Wife’s right unaffected (secular)

7. Exam Tips

‘SARLA’ Principle on Conversion + Bigamy

S = Second marriage after conversion = void | A = Art.25 no defence | R = Rights of first spouse protected | L = Law of first marriage (HMA) governs dissolution | A = Always S.494 IPC / S.82 BNS applicable.

EXAM TIP: Most tested question: ‘Does conversion dissolve a Hindu marriage?’ Answer: EMPHATIC NO. It only provides a GROUND for divorce to the non-converting spouse. Until a decree of divorce is obtained under the HMA, the marriage subsists.

— End of Topic 80 —

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