PRINCIPLE I: According to section 494 of the Indian Penal Code, whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
PRINCIPLE II: Hindu Law, as contained in the Hindu Marriage Act, enforces manogamy, Polygamy is permitted under the Muslim law.
FACTS: Jitendar, a Hindu, was married to Meena, also a Hindu, Jitendar and Sunita, another Hindu girl, converted to Islam and got married.
QUESTION: Is Jitendar guilty of the offence under section 494 of the Indian Penal Code?

No, because Jitendar converted to Islam which permits more than one wife

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No, because Jitendar and Sunita converted to Islam and married with mutual consent

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Yes, because Jitendar had a wife living. He married again. The said marriage was void by reason if its taking place during the life of the first wife, in terms of section 494, IPC

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Both a and b

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Solution

The correct option is C Yes, because Jitendar had a wife living. He married again. The said marriage was void by reason if its taking place during the life of the first wife, in terms of section 494, IPC
Section 494 of the IPC criminalizes polygamy that is marrying more than once when the spouse is living and not divorced. No Hindu is allowed to marry again when his/her spouse is alive.
Since, Jitendra married Meena as a Hindu therefore, he has to first end the marriage with Meena as per the Hindu law and only then can he enter into another marriage.
His conversion into Muslim will not allow him to commit polygamy.
This position of law was laid down by the Supreme Court in the case of Sarla Mudgal v. Union of India.

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