FAITH, FRAUD AND FAMILY LAW: A CASE COMMENT ON LILY THOMAS V. UNION OF INDIA
AUTHOR – SRI SANJANA RAYUDU, STUDENT AT O P JINDAL GLOBAL UNIVERSITY
BEST CITATION – SRI SANJANA RAYUDU, FRAUD AND FAMILY LAW: A CASE COMMENT ON LILY THOMAS V. UNION OF INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 842-846, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I987
Introduction
India’s rich mélange of religions and cultures, alongside its secularity enshrined in its constitution, has brought forth multiple intersections and nuances that lawmakers had to very intricately navigate through. In the 20th century, these intersections had shone light onto religion-specific personal and marriage laws, where governance and legal procedures varied based on the religions of the individuals involved. The laws, procedures, and governance, varied substantially from statute to statute, as they were rooted in the beliefs of their respective religions. One such specific instance where these differences are highlighted can be seen in the Hindu Marriage Act, 1955 (hereinafter referred to as the “HMA”), which applied to Hindus, Buddhists, Jains and Sikhs, prohibits the act of bigamy—which is marrying more than one individual.[1] In another religion, namely Islam, however, the act of bigamy is not prohibited, albeit is regulated by other stipulations and conditions.[2]This brought forth a loophole, that was going to be heavily exploited and bring to light a new problem altogether: faithless, fake conversions from Hinduism to Islam, that were solely done to be able to marry more than one woman.
[1] Hindu Marriage Act, 1955, No. 25, Acts of Parliament, 1955 (India).
[2] The Muslim Personal Law (Shariat) Application Act, 1937, No. 26, Acts of Parliament, 1937 (India).