Sarla Mudgal Case Comment

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Sarla Mudgal Case Comment

By | August 2013
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ABSTRACT

This paper concerns itself with the case law Sarla Mudgal v. Union of India, AIR 1995 SC 1531. It is a review of the above mentioned case. The case holds extreme importance as it laid down principles against the practice of solemnizing second marriage by conversion to Islam, with first marriage not being dissolved, followed by Hindu husbands. This paper briefly states the facts of the case, issues raised in the case and discusses relevant laws applied in the case, decisions and analysis of the judgment followed by a conclusion. Several case laws which are related to the present case have been referred to and only relevant parts of the judgments have been taken into consideration.

RESEARCH METHODLOGY

AIMS AND OBJECTIVES
This paper is written as a review of the much celebrated and important case Sarla Mudgal v. Union Of India, AIR 1995 SC 1531.

SCOPE AND LIMITATIONS
This paper is limited to the subject and issues of the case that is to be reviewed. Various other cases have been referred to for supporting the arguments stronger. Relevant parts of the judgment have been extracted. All the works and cases referred to in this paper have been properly cited and are related to the case Sarla Mudgal v. Union of India, AIR 1995 SC 1531.

RESEARCH QUESTIONS
This paper will answer the issues raised in the case. They are: 1. Does India need a Uniform Civil Code for all its citizens? 2. Whether a Hindu husband, married under Hindu law, by embracing Islam, can solemnize second marriage? 3. Whether such a marriage without having the first marriage dissolved under law, would be a valid marriage where the first wife who continues to be Hindu? 4. Whether the apostate husband would be guilty of the offence under Section 494 of the Indian Penal Code (IPC)?

METHOD OF WRITING
This paper has used FILAC (Facts, Issues, Laws, Analysis, Conclusion) approach for reviewing the case at hand.

SOURCES OF DATA
The researcher has mainly referred to...

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