Daily law MCQ Today
Armaan, a Hindu, is validly married to Neha under the Hindu Marriage Act, 1955. Without…
Family Law I Medium
Armaan, a Hindu, is validly married to Neha under the Hindu Marriage Act, 1955. Without divorcing Neha, he converts to Islam only so that he can marry Zoya, and then marries her. Applying Lily Thomas v. Union of India, what is the legal position?
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Answer: D. The marriage with Zoya is void, and Armaan can face penal action for bigamy, now under Section 82 B.N.S. (formerly Section 494 IPC)
Explanation
In Lily Thomas, the Supreme Court held that conversion only to marry a second time is fraudulent, that such a marriage is void, and that penal action is warranted where the first marriage is still subsisting. Conversion does not by itself end the Hindu marriage with Neha, so Armaan cannot rely on Muslim law's permission for more than one wife to escape the Hindu Marriage Act. Bigamy, once Section 494 IPC, is now Section 82 B.N.S.
- Legal provision:
- Section 82 B.N.S. (formerly Section 494 IPC)