Conversion does not dissolve a Hindu marriage; a second marriage during subsistence remains void and may attract criminal liability.

Conversion to Islam does not, by itself, dissolve a Hindu marriage; the marriage continues until dissolved under the Hindu Marriage Act, 1955. Because the Act gives overriding effect to its scheme of monogamy and permits remarriage only after lawful dissolution, a second marriage contracted during the subsistence of the first marriage is invalid against the existing spouse. In that setting, the term "void" in Section 494 of the Indian Penal Code is read broadly to include a marriage prohibited by law and entered into while a prior spouse is alive. The conduct therefore attracts liability under Section 494.

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Issues: Whether the conversion of a Hindu spouse to Islam dissolves an existing Hindu marriage, and whether a second marriage contracted during the subsistence of the first marriage is void and attracts liability under Section 494 of the Indian Penal Code.

Analysis: A marriage solemnised under Hindu law continues to subsist until dissolved in accordance with the Hindu Marriage Act, 1955. Conversion to another religion does not, by itself, terminate the first marriage. The Act gives overriding effect to its provisions, permits divorce only on the statutory grounds, and recognises remarriage only after lawful dissolution. A second marriage contracted by a Hindu husband after conversion to Islam, while the first marriage remains undissolved, is therefore in violation of the statutory scheme of monogamy and cannot be treated as valid against the first wife. In this setting, the expression "void" in Section 494 of the Indian Penal Code is to be understood in its broader legal sense so as to cover a marriage that is prohibited by law and entered into during the lifetime of a living spouse. The conduct also offends justice, equity and good conscience.

Conclusion: The first Hindu marriage does not stand dissolved on conversion to Islam, and a subsequent marriage contracted during its subsistence is void for the purposes of Section 494 of the Indian Penal Code; the apostate husband is liable under that provision.

Ratio Decidendi: A change of religion does not defeat the subsistence of a marriage governed by Hindu law, and a second marriage during the continuance of the first is invalid and punishable under Section 494 of the Indian Penal Code.

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