Merely Marrying Muslim Man Doesn't Result In Automatic Conversion From Hinduism To Islam: Delhi High Court In Partition Suit

While dealing with a partition suit, the Delhi High Court has observed that merely marrying a Muslim man does not result in an automatic conversion from Hinduism to Islam. Justice Jasmeet Singh was dealing with a partition suit filed in 2007 by the eldest daughter of a man from his first wife against him as well as his two sons from the second wife. Another daughter from the first wife was transposed as the second plaintiff. In December 2008, the father died during the pendency of the suit. The suit was filed on the ground that the plaintiff daughters were coparceners in the HUF created by the father after the Hindu Succession (Amendment) Act, 2005 came into force on September 09, 2005. It was contended that the daughters had 1/5th share each in the suit properties. The suit was filed as the defendant sons (from the second wife) were trying to sell, alienate and dispose of the HUF properties without the consent of the plaintiff daughters. The father had opposed the suit on the ground that it was not maintainable as the eldest plaintiff daughter had ceased to be a Hindu, as she was married to a Muslim of Pakistani origin in United Kingdom.Partially allowing the suit, the Court said that the burden of proving that the plaintiff eldest daughter had ceased to be a Hindu owing to her marriage to a Muslim of Pakistani origin residing in the United Kingdom rested entirely on the defendants.However, the Court said that the defendants failed to discharge the burden as no evidence of aspresented to substantiate the claim that the eldest daughter had renounced Hinduism or formally converted to Islam.The Court noted that the woman, in her evidence by way of affidavit, had categorically stated that pursuant to her civil marriage to the man, she continued to follow her religion i.e. Hinduism.“To my mind, merely marrying a Muslim does not result in an automatic conversion from Hinduism to Islam. In the present case, aside from a bare averment made by the defendants, no substantive evidence has been produced by the defendants to prove that the plaintiff no. 1 underwent a recognized process of conversion to Islam,” the Court said.It added that in the absence of such proof, the claim of conversion solely on the basis of marriage could not be accepted. The Court said that since the woman had not changed her religion, she was "entitled to claim" her share in the HUF properties.It held that the plaintiff daughters were only entitled to 1/4th share each in the amount lying credit in the PPF Account in the name of the HUF. The Court also concluded that the daughters were entitled to two properties in view of the affidavit filed by the defendant sons whereby they had given up all their rights, title and interests in favour of the daughters as an act of a goodwill gesture. Title: DR. PUSHPALATA AND ANR v. RAM DAS HUF & ORS.Citation: 2025 LiveLaw (Del) 87Click here to read order

Merely Marrying Muslim Man Doesn't Result In Automatic Conversion From Hinduism To Islam: Delhi High Court In Partition Suit

Nupur Thapliyal

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