1.

MADANAN SEETHA RAMALU VS MADANAN VIMLA

APPELLANT: MADANAN SEETHA RAMALU

RESPONDENT: MADANAN VIMLA

[Civil appeal No.2285 of 2003]

FACTS

The petitioner and respondent got married in 1995, according to Hindu rites and customs. Four
children’s were born out of their wedlock, soon after the birth of four children respondent got
converted into Christianity because of her belief on Jesus Christ. It has been alleged by the petitioner
that he tried to convince her to profess Hinduism but he failed and the respondent became cruel in
nature and even deserted him. After finding no other way petitioner decided to seek a decree of
divorce under section 13(1) (ia) (ib) and (ii).

ISSUES

1. Whether the respondent was cruel towards appellant and deserted him?
2. Whether the respondent converted into Christianity which makes a ground for divorce?

JUDGEMENT

It has been held, that the act recognises conversion of spouse to profess any other religion after the
marriage as a valid ground to seek the decree of divorce, allegation of desertion and cruelty was also
been proven correct, as the wife deserted the husband after the birth of four children. Hence the
husband was granted divorce on the ground of conversion of his wife after the marriage.

CONCLUSION

Religion is considered as the sensitive topic in India, change in the religion of spouse can eventually
result in the change of belief and personality of the particular spouse, by considering this the
legislation grant right to the other non-converted spouse to seek divorce on the basis of conversion.

2.MUNAVVAR-UL-ISLAM VS RISHU AROROA [AIR 2014 Del 130]

APPELLANT: MUNAVVAR-UL-ISLAM

RESPONDENT: RISHU ARORA

FACTS

In this case the parties got married according to the Islamic rites on July 2010. Here respondent
embraced Islam before getting married and changed her name to Rukhsar. After living together for
some time difference aroused between them and they decided to leave separately. Soon after that
the respondent filled a suit for seeking maintenance, but the cases were withdrawn. The respondent
re- embraced the Hinduism and believed asked for the dissolution on the ground of apostasy.

ISSUES
1. Whether, renunciation of Islam ipso facto dissolve the marriage and is the decree of divorce
is not necessary?

JUDGEMENT

The court found that there is no requirement for obtaining a decree of dissolution in the cases
where a woman converted to Islam re-embraces her prior religion. The court also observed that
the case was governed by the pre-existing Muslim law, according to which the marriage get
dissolved ipso facto when apostasy is performed.

CONCLUSION

We can simply define Apostasy as the renunciation of a religious belief and sometimes political
too. As decided in the case, made it clear that Apostasy in Islam ipso facto dissolve the marriage,
hence, resulting in the dissolution of marital obligation.