Lily Thomas Case [Lily Thomas vs Union of India]
Overview (Plain Explanation)
This case addressed a concerning trend where a non‑Muslim individual—usually a Hindu husband—would convert to Islam solely to contract a second marriage, while the first Hindu marriage was still valid and subsisting. The Supreme Court decisively ruled that such conversions are void ab initio—meaning the second marriage never had any legal standing.
Key Takeaways
Conversion to Islam to enable bigamy is not sufficient to override the legal obligations of an existing marriage.
The second marriage remains invalid under Section 11 of the Hindu Marriage Act, 1955.
The act amounts to bigamy under Sections 494 and 495 of the Indian Penal Code, as extended by Section 17 of the Hindu Marriage Act.
Religious freedom (Article 25) does not include abusing religion to bypass marriage laws.
Enforcement of the law—such as prosecution for bigamy—does not violate personal liberty (Article 21).
Legal Breakdown (With Case Law Citations)
1. Facts & Legal Question
A petitioner (Sushmita Ghosh / Lily Thomas) challenged the legality of a second marriage contracted by a husband who claimed to convert to Islam for that very purpose, while the first wife and Hindu marriage remained valid. The key legal question:
Is a second marriage valid if a non‑Muslim converts to Islam solely to bypass the prohibition of bigamy?
2. Contentions by Respondent
Respondents argued that, under Muslim personal law, they were allowed multiple marriages—even without dissolving the Hindu marriage. They also asserted that their conversion was lawful under Article 25 (freedom of religion) and that the Hindu Marriage Act wouldn't apply after conversion LawctopusLegal Service India.
3. Supreme Court’s Decision
Justice S. Saghir Ahmad, on behalf of the Bench, held:
Invalidity of second marriage: Contracting a second marriage while a first subsists is void under Section 11 of the Hindu Marriage Act, 1955, even if the husband converts to Islam LawctopusIndian Kanoon.
Applicability of Hindu law despite conversion: Conversion does not dissolve the first marriage. Without a formal divorce, the marital tie continues; bigamy provisions remain applicable CaseMineIndian Kanoon.
Bigamy is an offence: Under Section 17 of the Hindu Marriage Act, the IPC provisions for bigamy (Sections 494 & 495) apply. A Hindu spouse can file a criminal complaint Lawctopuslawlex.org.
Limits on religious freedom: While Article 25 protects religious freedom, it cannot be misused to violate other fundamental rights or evade legal obligations LawctopusLegal Service India.
No violation of Article 21: Bigamy is a punishable offense; enforcement does not violate personal liberty protected by Article 21 Lawctopuslawlex.org.
4. Broader Significance
Reinforced the sanctity of marriage and discouraged exploitative conversions.
Highlighted the need for a Uniform Civil Code (UCC), though noting that immediate implementation could harm national unity. Legal reforms must evolve gradually to deal with such conflicts among personal laws Lawctopuslawlex.org.
Impact & Law in Context
The second marriage is null and void, and individuals can be prosecuted for bigamy, regardless of the ostensible conversion to Islam.
This judgment has been recognized in subsequent rulings. For instance, a High Court reaffirmed:
“A Hindu … cannot bring to an end the marital ties … by mere conversion to another religion… and marriage without getting the first dissolved cannot be legalized.” Reddit
Reddit commentary echoes this:
“Judge said … first marriage was according to Hindu law so second marriage … was declared null and void.” Reddit
And:
“Religious conversions carried out without a bona fide belief… for the sole purpose of deriving some legal benefit do not hold water.” Reddit
Summary Table
| Aspect | Legal Position |
|---|---|
| Second Marriage | Void ab initio under Hindu Marriage Act, despite conversion |
| Bigamy Offense | Applies under IPC Sections 494 & 495 via Section 17, Hindu Marriage Act |
| Religious Freedom | Cannot be abused to violate marriage laws or other rights |
| Personal Liberty | Not violated by enforcing anti‑bigamy law under IPC |
| Systemic Reform | Judge hinted at desirability of Uniform Civil Code for harmonizing personal laws |
Summary Without Legal Jargon
In simpler terms, the Supreme Court ruled that you can't just change your religion to get around your legal marriage. If you’re already married under Hindu law, converting to another religion like Islam solely to marry again doesn’t dissolve your first marriage. The second marriage is legally invalid, and you could face criminal charges. The Court affirmed that religious freedom doesn't let you break other fundamental laws, and you're not being denied your basic rights when prosecuted under bigamy laws.
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