Report No. 18

Clause 4

When only one spouse is converted, cases often arise where, after conversion, that spouse enters into a second marriage with a person belonging to his or her new religion. This, it is considered, causes hardship, and the object of the clause under discussion is to provide that after conversion a person will not re-marry.

Where the previous personal law itself prohibits bigamy, the clause under discussion will be harmless.

Where the previous personal law does not prohibit bigamy, the clause under discussion will benefit the non-converted spouse by virtually enforcing monogamy. To that extent, the personal law will be modified.

The clause, it is considered, should apply irrespective of whether the new personal law allows polygamy or not.