The Turning - EPILOGUE

EPILOGUE

After the manuscript of this novel was completed by the Author, the Supreme Court of India (Mr. Justice Kuldip Singh and Mr. Justice R.M. Sahai) handed down a landmark Judgement, on May 10, 1995, holding that the second marriage of a Hindu husband after his conversion to Islam is a void marriage in terms of section 494 of the Indian Penal Code (which prohibits bigamy).

To put it in the words of Their Lordships, ". . . the doctrine of indissolubility of marriage, under the traditional Hindu law, did not recognize that conversion would have the effect of dissolving a Hindu marriage. Conversion to another religion by one or both the Hindu spouses did not dissolve the marriage." Their Lordships then go on to state, " . . . It is obvious from the provisions of the (Hindu Marriage) Act, (1955), that the modern Hindu Law strictly enforces monogamy. . . In that situation parties who have solemnized the marriage under the Act remain married even when the husband embraces Islam in pursuit of other wife. A second marriage by an apostate under the shelter of conversion to Islam would nevertheless be a marriage in violation of the provisions of the Act by which he would be continuing to be governed so far as his first marriage under that Act is concerned despite his conversion to Islam. The second marriage of an apostate would therefore be illegal marriage qua his wife who continues to be Hindu.. .

" . . . Since it is not the object of Islam nor is (it) the intention of the enlightened Muslim community that the Hindu husbands should be encouraged to become Muslims merely for the sake of marrying again, the Courts can be persuaded to adopt a construction of the laws resulting in denying the Hindu husband converted to Islam the right to marry again without having his existing marriage dissolved in accordance with law."

In their Judgement, Their Lordships have once more highlighted the crying need for a Uniform Civil Code . . .

******