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Lily Thomas v. Union of India: SC Judgements of Lily Thomas Bigamy Case | UPSC Polity Notes
IMPORTANT LINKS
Late Senior Advocate Lily Thomas was the petitioner in various landmark cases. Some of the cases relate to the conversion to Islam and subsequent second marriage to avoid prosecution under bigamy. Sushmita Ghosh, who was the wife of G.C Ghosh (Mohd. Karim Ghazi), filed a writ petition in the SC claiming that they were married to each other on 10th May 1984 according to the Hindu Rites and ceremony.
This topic is important from the perspective of the UPSC IAS Examination, which falls under General Studies Paper 2 and particularly in the Indian Polity Section.
In this article, we shall discuss Lily Thomas Case, bigamy, judgment, significance, background, case details, obiter Dicta, Ratio Decedendi, and debate on a uniform Civil Code.
Also, check out Indra Sawhney vs Union of India here.
What is Bigamy?
Bigamy is the offence of marrying someone while already married to another person. In terms of the Hindu Marriage Act of 1955, “Bigamy is the offence of marrying another while the first marriage persists. Such bigamous relations are illegal and the second marriage is void ab initio”.
लिली थॉमस बिगैमी केस हिंदी में भी पढ़ें!
Summary of the Lily Thomas Bigamy Case
Late senior advocate Lily Thomas was the petitioner in various Landmark cases. The instant case relates to the issues of the second marriage to avoid prosecution under bigamy and the conversion to Islam.
- Part III and Part IV of the Indian Constitution are the strong pillars for the Welfare of the citizens. Both these Fundamental Rights and Directive Principles of State Policy are integral for the citizens of India to live their lives with equality and dignity in both the economic and social spectrums. Nowadays, every now and then arises, a case that pits fundamental rights and Directive Principles of State Policy against each other.
- In Minerva Mills’s case, it is laid down that there must be a harmonious interpretation of the law to not give one part a sense of Supremacy over the other.
- In the Lily Thomas Vs Union of India case, there was an apparent conflict between the two (Fundamental Rights and Directive Principles of State Policy).
- The judgment in the Lily Thomas Bigamy case was given by a two-judge bench consisting of Justice Sagir Ahmad and Justice R Sethi in April 2000.
Also, check out the article on the NALSA case 2014 SC judgments for the UPSC Exam.
Background of Lily Thomas Bigamy Case
Before the apex court, Sushmita Ghosh filed the petition stating that she was married to Mr MC Ghosh as per Hindu rituals since 1984.
- In 1992, Mr. Ghosh asked Ms. Ghosh for divorce by mutual consent, stating that he had converted himself to Islam so that he could marry Miss Vinita Gupta, who was a divorcee with two kids.
- Under the Hindu Marriage Act of 1959, there was no provision for a second marriage or bigamy, so he produced a certificate that ensured that he had converted to Islam.
- It is clear from the above-given facts that Mr Ghosh converted to Islam because he wanted a second marriage, and he had actually no faith in his converted religion.
Also, check out the article on the Habeas Corpus case here.
Key Facts of the Case
Sushmita Ghosh, who was the wife of GC Ghosh (Mohd. Karim Ghazi), filed a writ petition in the Supreme Court that they were married to each other on 10th May 1984 according to the Hindu rites and ceremony.
- Sushmita Ghosh’s husband told her on 1st April 1992 that he had converted himself to Islam to remarry and decided to marry Miss Vanita Gupta, who lives in Delhi. The petitioner should agree to divorce him for his own interest.
- The petitioner contended that she had been discriminated against on the grounds of religion and sex by the act of her husband. Her right envisaged in article 15 (1) of the Indian Constitution was infringed. It was contended that the true intention of his husband converting to Islam was to have a second wife, which is strictly forbidden in Hindu law.
- The petitioner has been in huge mental trauma at the age of 34, unemployed because of the actions of their husband. It was asserted by the petitioner that it had been found common among Hindu males who could not get divorced and desired to have a second wife to convert to Islam to fulfill his desire. After divorce or remarriage, they convert again to gain their title in properties.
Also, read about the Seventh Schedule of the Indian Constitution here!
Supreme Court Judgment
The Apex Court’s bench consisting of R.P. Sethi and S.S. Ahmed held the following:
- If a Hindu spouse converts their religion to remarry with no intention to practice such religion but only to achieve an ulterior motive, then the second marriage will be declared void. It is violative of Article 21 of the Indian constitution.
- The Court held that when a second marriage is contracted by a Hindu husband after conversion, he does not do so because of his conscience and that such a conversion is manifestly fraudulent and is feigned in order to achieve an ulterior motive (which is to contract a second marriage without getting prosecuted for the same)
- The first marriage does not dissolve merely upon the conversion of the religion by either party. When the first marriage survives, such a type of action will result in the offense of bigamy under section 17 of the Hindu Marriage Act. It will invite the provision of sections 494 and 495 of the Indian Penal Code.
- In India, the marriage is Convened according to the provision of personal laws applicable to the parties. Hence, it is not feasible to uniformly codify them and apply the Uniform Civil Code. The wrong acts conducted under personal law shall always be subject to the appropriate Penal measures as they could be directed or prescribed by law.
Also, Read about the L Chandra Kumar case 1997 SC judgments here!
Significance of Lily Thomas Bigamy Case
The significance of the Lily Thomas Bigamy Case is given below:
- It was laid down that such a marriage was null and void due to the violation of Article 21.
- A marriage cannot seem to be dissolved because a husband has converted to a different religion.
- In India, marriage takes place according to one’s own personal beliefs, so there are no marriage-related laws.
- Such things could not be solved by applying the Uniform Civil Code to those issues and would not justify one’s personal beliefs.
- A marriage ended or contracted by converting to another religion while the first marriage is subsisting will invite penal action under different provisions of the Indian Penal Code.
Check out the article on the Election Commission Of India for the UPSC Exam.
Legal Issues with the Case
The legal issues with the case are given below:
- To issue a writ to make polygamy marriage illegal and void after conversion to Islam.
- To issue ways to amend the Hindu Marriage Act to curtail the practice of Polygamy.
- To make the second marriage void after conversion from Hindu to Islam.
Check out this article to read more about the Amendments In the Indian Constitution.
Conclusion
The case of Lily Thomas Bigamy Case judgment was regarded as important on account of the evil conduct of a Hindu male to convert to Islam for the purpose of a second marriage. Under Hindu law, Bigamy is an offence. In Hindu law, marriage is regarded as sacred, and the concept of remarrying when the first marriage is valid and subsisting is inapplicable. The recommendation of the 18th Law Commission of India in August 2009 is still due. A solution that deals with these issues and Such mischievous attempts to convert to another religion for Worldly motives is a sine quo non for shunning atrocities on women and for the litigation.
Check out the test series for the UPSC IAS Exam here.
UPSC Practice Questions on Lily Thomas Bigamy Case
In which judgment would the Supreme Court order that marriage with no intention to practice religion but to achieve an ulterior objective would be void?
We hope all your doubts regarding the Lily Thomas Bigamy Case are addressed after going through this article. Testbook provides comprehensive notes for different competitive examinations. It has always assured the quality of its products like content pages, live tests, Gk and current affairs, mocks, and so on. Ace your UPSC preparation with the Testbook App!
Lily Thomas Bigamy Case- FAQs
What is bigamy case?
In terms of Hindu Marriage Act of 1955, "Bigamy is the offense of marrying another while the first marriage persists and such bigamous relations are illegal and the second marriage is void ab initio".
Is bigamy legal in india?
In India, bigamy is an offence against marriage and it is also criminal offence under Indian Penal laws. The bigamy law applicable to Hindus, Jains, Buddhists ,Sikhs,Parsis,Christians [except Muslims]. Bigamy is one of the ground to seek divorce under Hindu Marriage Act 1955.
What was held in Lily Thomas vs India?
It was held that the mere conversion of religion would not result in the marriage's dissolution solemnized in accordance with the Hindu Law unless a decree of divorce is obtained.
What is the Significance of Lily Thomas Bigamy Case?
A marriage cannot seem to be dissolved because a husband has converted to a different religion.
Is bigamy a ground for divorce in India?
Bigamy is not only a ground for divorce. It is also an offense and naturally makes the marriage void, hence making it unnecessary for parties to file for a divorce.
What is bigamy in Hindu marriage?
In terms of Hindu Marriage Act of 1955, "Bigamy is the offense of marrying another while the first marriage persists and such bigamous relations are illegal and the second marriage is void ab initio".