Q. 1 2020 Marriage of Karan, aged 20 years with Raveena, aged 17 years was solemnized in 2006 under Hindu Marriage Act and they are blessed with a daughter in 2010. In 2016, Karan converted to Islam and became Aslam and married his old schoolmate Zoya as per Muslim law and moved happily with her. Raveena prosecuted him for bigamy and Karan took the defense that second marriage under Muslim law is not bigamous. He had committed no offence as his first marriage was in violation of prohibition of child Marriage Act 2006. Decide.
Answer
Facts and related law points as given in question
- Conditions of Hindu marriage under Hindu Marriage Act 1955 – Section 5
- Provisions of petition under Prohibition of Child Marriage Act 2006
- Bigamy under Hindu Marriage Act Section 5
- Punishment for Bigamy under Hindu Marriage Act and IPC Section 494
- Validity of Polygamy under Muslim marriage laws
- Married Hindu converted to Muslim for second marriage – Lily Thomas v UOI and Sarala Mudgal v UOI cases
- Decision
