CHENNAI: Holding that mere absence of any ceremony for conversion from Muslim to Hindu religion cannot be a ground to dismiss the divorce petition filed under the Hindu Marriage Act, the Madras High Court has overturned an order of a sub-court that dismissed a mutual divorce petition by a couple where the wife had converted from Muslim to Hindu religion and professed the faith since marriage.
Justice P B Balaji passed the orders to set aside the order of the sub-court in Ambattur that dismissed on March 28, 2024, the mutual divorce petition filed by K Krishnapriyan and Aayisha Siddiqua.
They had filed the petition under Section 13 (B) of the HM Act, 1955. However, the sub-judge refused to hear the petition stating that Aayisha Siddiqua, being a Muslim, cannot seek dissolution of the marriage under the HM Act. Challenging this order, the couple approached the HC.
Justice Balaji concurred with the arguments of the counsel for the petitioners thatt it would be sufficient that the woman had shown her religious conversion and the specific averments in the divorce petition that she is a Hindu by religion.
He noted that the marriage was solemnised at the Balamurugan temple in West Mogappair and the photographs clearly evidence the marriage was solemnised only as per Hindu rites and customs.
Pointing out that the petitioners have invoked the provisions of the HM Act conscious of the fact that they are professing Hindu religion, the judge said there was absolutely no necessity for the court to conduct any roving enquiry in such circumstances merely because the woman’s name continues to be her original Muslim name.
In fact, the petitioners having solemnised their marriage in a Hindu Temple and in accordance with Hindu rites and customs, will also not be in a position to seek divorce under the Special Marriage Act as well.
“As already held, the second petitioner (Aayisha), though by birth is a Muslim, by conduct, has clearly demonstrated that she has converted to Hindu faith and mere absence of any ceremony cannot be a ground to dismiss the application for divorce by mutual consent,” the judge said in the order.
Setting aside its order, he remitted the matter back to the sub-court to decide the divorce petition on merits and in accordance with the law in four weeks.