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Lily Thomas Case IRAC Analysis

The document is a rough draft submitted for a family law course analyzing the case of Lily Thomas v. Union of India, AIR 2000 SC 1650. It includes an abstract stating that the project concerns this case and provides an IRAC analysis. It outlines the chapters to include an introduction, case background, relevant laws, case commentary, and conclusion. It states the objectives are to review this celebrated case. The scope is limited to the issues in the case and supporting cases are referenced. The research questions to be answered include whether India needs a uniform civil code, if a Hindu husband can have a second marriage by converting to Islam without dissolving the first marriage, and if such a husband would be guilty of bigamy under

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107 views6 pages

Lily Thomas Case IRAC Analysis

The document is a rough draft submitted for a family law course analyzing the case of Lily Thomas v. Union of India, AIR 2000 SC 1650. It includes an abstract stating that the project concerns this case and provides an IRAC analysis. It outlines the chapters to include an introduction, case background, relevant laws, case commentary, and conclusion. It states the objectives are to review this celebrated case. The scope is limited to the issues in the case and supporting cases are referenced. The research questions to be answered include whether India needs a uniform civil code, if a Hindu husband can have a second marriage by converting to Islam without dissolving the first marriage, and if such a husband would be guilty of bigamy under

Uploaded by

Ujjawal
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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AIR 2000 SC 1650

Lily Thomas v. Union of India,


AIR 2000 SC 1650
ROUGH DRAFT SUBMITTED IN THE FULFLIMENT OF THE COURSE TITLED

FAMILY LAW

SUBMITTED TO:
Mrs. Pooja Srivastava

Research Associate/Teaching Assistant

SUBMITTED BY:
NAME -UJJAWAL KUMAR
COURSE–BBA.LLB(HONS)
ROLLNO–2437
SESSION-2020-2025
Semester 2

CHANAKYA NATIONAL LAW UNIVERSITY, PATNA


NYAYA NAGAR, PATNA, 800001

1
AIR 2000 SC 1650

ABSTRACT

This Project Concerns in itself the case of Lily Thomas v. Union of India, AIR 2000 SC 1650:. It
is and IRAC analysis of the aforesaid case. This case is on the principles against the practice of
solemnizing second marriage by conversion to Islma, with first marriage not being dissolved,
followed by Hindu husbands, which were carved in the famous case of Sarla Mudgal v. Union of
India.

Here, in the projects facts are briefly stated, issues are raised with relevance to the laws applied
in the case, and analysis of the judgment followed by a conclusion.

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AIR 2000 SC 1650

CHAPTERS

Introduction to the Project

Introduction to the Case

Laws
Case Comment

Conclusion

REFRENCES

AIMS AND OBJECTIVES

This project is written as a review of the much-celebrated case Lily Thomas v. Union of India, AIR 2000
SC 1650: 2000 CrLJ 2433: 2000 AIR SCW 1760: 2000 (1) BLJ 53.

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AIR 2000 SC 1650

SCOPE AND LIMITATIONS

This project is limited to the subject and issues of the case that is to be reviewed.

Various other cases have been referred to for supporting the arguments stronger.

Relevant parts of the judgment have been extracted. All the works and cases referred

to in this paper have been properly cited and are related to the case

Sarla Mudgal v.Union of India, AIR 1995 SC 1531.

RESEARCH QUESTIONS (ISSUES)

This project will answer the following cases:

1. Does India need a Uniform Civil Code for all its citizens?
2. Whether a Hindu husband, married under Hindu law, by embracing Islam,
can solemnize second marriage?
3. Whether the apostate husband would be guilty of the offence under Section
494 of the Indian Penal Code (IPC)?

METHOD OF WRITING
This project has used F-IRAC (Facts, Issues, Rule, Analysis, Conclusion) approach for reviewing the case
in hand.

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AIR 2000 SC 1650

INTRODUCTION

The case that we discuss today is a landmark judgment in the legal history of India. The case
Lily Thomas vs. Union of India & Ors is landmark due to the fact that in this case SC considered
second marriage without prior divorce from the first marriage to be void wherein men were
converting their religion to Islam to solemnize the second marriage but all of this was considered
void unless and until first marriage was dissolved according to the Hindu Marriage Act otherwise
the husband would be liable for bigamy under section 494 and 495 of Indian Penal Code.

This was because converting to Islam would not dissolve the first marriage and the Husband is
liable to all the obligations as he would be prior converting to Islam. Such a judgment was
important since men were taking recourse to such conversion for marrying and having more than
one wife. Bigamy is the offence of marrying another while the first marriage still persists and
such bigamous relations are illegal and the second marriage is void ab initio.

For a long period, married men whose personal law did not allow bigamy have been recurring to
the unhealthy and immoral practice of converting to Islam for the interest of condensing a second
bigamous marriage underthe assumption that such conversion would help them to marry again
without getting their first marriage dissolved. Mrs. SushmitaGhosh v. Union of India and Ors,
Smt. SarlaMudgal, President ,Kalyani and others v. Union of India and Ors, Sunita &Fatima v.
Union of India and Ors these petitions were collectively taken by SC to decide the status of
bigamous marriage by converting to Islam.

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AIR 2000 SC 1650

REFRENCES

1. Lily Thomas and Ors. vs. Union of India (UOI) and Ors. (05.04.2000 – SC) :
MANU/SC/0327/2000
2. https://indiankanoon.org/doc/80351/
3. http://lawtimesjournal.in/lily-thomas-vs-union-of-india-ors/
4. [1] https://indiankanoon.org/doc/635068/

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