C.R.R. No. 3269 of 2009 and CRAN No. 2984 of 2009. Case: Sunil Kumar Murmu @ Subid Ali Murmu Vs The State of West Bengal. High Court of Calcutta (India)
| Case Number | C.R.R. No. 3269 of 2009 and CRAN No. 2984 of 2009 |
| Counsel | For Appellant: Sudip Banerjee, Adv. and For Respondents: Kasem Ali Ahmed, Adv. |
| Judges | Ashim Kumar Roy, J. |
| Issue | Hindu Marriage Act; Indian Penal Code - Sections 304B, 494 and 498A; Mohammedan Law |
| Judgement Date | February 15, 2010 |
| Court | High Court of Calcutta (India) |
Judgment:
Ashim Kumar Roy, J.
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In this application under Section 482 of the Code the petitioner has moved for quashing of a charge-sheet under Section 498A of the Indian Penal Code.
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It was contended before this Court that nobody can be charged under Section 498A of the Indian Penal Code unless there was a valid marriage between the parties. It appears from the perusal of the Case Diary containing the charge-sheeted materials that the petitioner by birth was a Hindu and according to Hindu Rites and Customs he married one Sitali Murmu and the said marriage is still subsisting. In the said wedlock Sitali Murmu gave birth to two child, who are also still alive. However, during the subsistence of the said marriage the petitioner having converted himself to Islam and taking a new name Subid Ali Murmu, married the defacto-complainant Taslima Begum according to Mohammedan Rites and Customs. The police during investigation seized the Ration Card and Election Photo Identity Card of the petitioner's first wife Sitali Murmu. In both the said documents petitioner's name has been recorded as her husband. The police also seized the marriage registration certificate of the petitioner with the defacto-complainant Taslima Begum, which was registered according to Mohammedan Law.
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Therefore, it is an admitted position that the petitioner during the subsistence of his marriage with Sitali Murmu which was solemnized according to Hindu Rites and Customs and during her lifetime changed his religion and converted to Islam and then married the defacto-complainant Taslima Begum under Mohammedan Rites and Customs.
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In the case of Smt. Sarla Mudgal, President, Kalyani and Ors. v. Union of India and Ors. reported in AIR 1995 SC 1531 as well as in the case of Lily Thomas and Ors. v. Union of India and Ors. reported in (2000) 6 SCC 244, it has been categorically held by the Apex Court, conversion does not automatically dissolved first marriage and apostate-husband and the first wife continue to be husband and wife. It has further been held a marriage which is in violation of any provisions of law would be void in terms of expression used under Section 494. A Hindu marriage solemnized under Hindu Marriage Act can only be dissolved on any of the ground specified under the said Act. Till the time a Hindu marriage is dissolved under the Act none of the spouse can contract second marriage. Conversion to Islam and marrying again would not by itself, dissolve a...
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