Jagrit Saraff, O.P Jindal Global University
INTRODUCTION:
India has always been regarded as a country which does not discriminate anyone on the basis of caste, colour, creed, gender etc. Though people argue that these notions are followed, but the reality is quite different and one of the aspects which clearly reveals the same is the aspect of marriage under the Hindu Marriage Act, 1955. This case of Lily Thomas v. Union of India (2000)1, was very significant before the Supreme Court of India as the main issue before the honourable court was that many Hindu men had started converting themselves to Islam for the purpose of remarrying again, and the main problem was that they started solemnizing the second marriage without dissolving the first marriage, thus committing the act of bigamy which is prohibited in the Hindu Law and is also punishable under section 494 and 495 of the IPC2. The courts had a very reasoned opinion and held that the act of performing a second marriage in the existence of the first one is void and also settled that such an act can be punishable under the said sections of IPC for the offence of ‘Bigamy’.
This case analysis will try to delve into the various arguments that were presented by the court to support their contention, in addition, the paper will also provide a reasoned legal analysis to support the court’s argument and the various implications the judgement will have on the society in times to come.
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