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Cutting The Gordian Knot: A Case Comment On Lily Thomas V. Union Of India




Saksham Gadia, Jindal Global Law School

INTRODUCTION

Conversion of a Non-Muslim to Islamic faith to avail the benefit of Polygamy has been an age old tradition practiced in India. No other Personal Law warrants the act of Polygamy. This gap between coinciding personal laws has been grossly abused for centuries. Lily Thomas v. Union of India1 is a landmark judgement delivered by the honourable Supreme Court of India which helped fill in the gaps of the law with respect to this. The court articulately clarified what shall be the status of the second marriage with respect to the impositions of the Hindu Marriage Act (HMA) and whether this act of the man classifies as bigamy and attracts prosecution under Section 4942 of the IPC or not.


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Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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