Conversion Can Be Inferred From Conduct, Formal Ceremony Not Necessary: Madras High Court Restores Muslim-Born Woman's Divorce Plea Under HMA

“As already held the second petitioner, 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 court said.

Justice PB Balaji held that when the parties have, by their conduct, shown that they had converted to the Hindu religion and had also specifically stated in the mutual divorce petition that they are Hindu, it would be sufficient to establish conversion.

“As held by the Hon'ble Supreme Court, there is no necessity for a person professing a particular religion to claim conversion to another religion by any formal ceremony or even declaration. Mere conduct would suffice to establish conversion. In the present case, the second petitioner, by express conduct, in participating in the marriage solemnization in accordance with Hindu rights and customs and also approaching the Family Court invoking the provisions of the Hindu Marriage Act, 1955 has sufficiently shown that the second petitioner has converted herself to Hindu faith,” the court said.

The court was hearing a civil revision petition filed by a couple. The parties had decided to dissolve their marriage by mutual consent and had filed a petition under Section 13(B) of the Hindu Marriage Act 1955. However, when the petition was taken up for final hearing, the court dismissed the petition noting that the wife was Muslim and thus the petition under HMA was not maintainable since it applied only to persons who were Hindus by religion.

The parties argued that though the wife was Muslim by birth, the marriage itself was solemnised at a Hindu temple. It was also argued that the wife never claimed to be a Muslim but only a Hindu. It was argued that when the marriage itself was solemnised as per Hindu rites, there was nothing improper for the parties to approach the court under Section 13(B) of the Act.

The parties also submitted that, though the father and mother of the wife were Muslims by religion, her maternal grandmother was a Hindu and the wife was brought up as per Hindu customs and traditions, and thus, the express conduct of the wife would show that she converted herself to Hinduism, even though there is no formal record of such conversion.

The court noted that the marriage between the parties was solemnised as per Hindu rites and customs. The court noted that the parties had invoked the provisions under the Hindu Marriage Act conscious of the fact that they are professing Hindu religion. The court observed that there was no necessity for the court to conduct any roving enquiry merely because the wife's name continued to be her original Muslim name.

The court added that when the parties solemnised their marriage in a Hindu temple in accordance with Hindu rites and customs, they will not be in a position to seek divorce under the Special Marriage Act and their only remedy would be to seek dissolution of marriage under the Hindu Marriage Act.

The court thus set aside the order of the Sub Judge and remitted the matter back to the court to be decided on the merits.

Counsel for Petitioners: Mr. V. M. Venkataramana

Case Title: AK

Citation: 2025 LiveLaw (Mad) 425

Case No: CRP. No.1148 of 2025