2000 (5) TMI 1045 - SUPREME COURT

Whether the marriage entered into by him after conversion would be void?

Held that:- In the present case, we are not concerned with the status of the second wife or the children born out of that wedlock as in the instant case we are considering the effect of the second marriage qua the first subsisting marriage in spite of the husband having converted to 'Islam'. I also agree with Brother Sethi, J. that any direction for the enforcement of Article 44 of the Constitution could not have been issued.

I have already reproduced the order of this Court passed in Sarla Mudgal's case [1995 (5) TMI 260 - SUPREME COURT] in which it was clearly set out that the learned Counsel appearing in that case had, after taking instructions, stated that the prayers were limited to a single relief, namely, a declaration that where a non-Muslim male gets converted to the Muslim faith without any real change of belief and merely with a view to avoid any earlier marriage or to enter into a second marriage, any marriage entered into by him after conversion would be void.