Wednesday, 16 July 2014

Can Person Remarry By Changing Religion To Islam?.


        It is said that love is blind, but Law is not blind in case of love and marriage. The Supreme Court of India in the case of Lily Thomas, Etc vs Union Of India & Ors. on 5 April, 2000 held that, husband cannot marry a second time simply by converting to Islam. To marry a second time, person has to lawfully dissolved his first marriage. If husband marry a second time without lawfully dissolving the first marriage he would be guilty of Bigamy.

Bigamy is the crime of marrying a person when one is still lawfully married to another person or marriage is not lawfully dissolved with another person. In bigamy, person intentionally contracts or purports to contract a marriage with another person when he is still lawfully married to another person or marriage is not lawfully dissolved with another person. Bigamous marriages are void and unlawful. Criminal charges can be filed against the bigamist person. Embracing Islam religion does not dissolve the first marriage. Thus person cannot marry second time simply because he has converted to Islam religion. Islam religion does not dissolved the first marriage solemnized according to one personal religion. Second marriage without dissolving first marriage would be Void and person would be held liable for bigamy.

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