Conversion Under Hindu Marriage Act
Section 13 :-
(1) Any marriage solemnised, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party—
(ii) has ceased to be a Hindu by conversion to another religion;
Conversion: Meaning
When a person adopts another religion by formally converting to it (in accordance with the formalities prescribed by the religion to which the conversion is sought), he ceases to be the follower of his former faith and becomes the follower of his new faith.
The Dharmashastra did not prescribe any ceremony for conversion to Hinduism. Among the Hindus, it is only Arya Samajists who prescribe a ceremony of conversion, known as Sudhi. A person who undergoes a ceremony of Sudhi converts to Hinduism but then he is Arya Samajist Hindu. A non-hindu becomes Hindu if he undergoes the ceremonies of conversion . In Peerumal v. Ponnuswami it has been held that a person may also become hindu if after expressing an intention, expressly or impliedly, he lives as Hindu and the community or caste, into the fold of which he is ushered in, accepts him as a member of that community or caste.
The party who ceased to be Hindu by conversion cannot file a petition for divorce under section 13(1)(ii) of the act. This ground can only be claimed by another party and not by the party who himself converted into another religion. It may be noted that this provision is not a ground for divorce under the Bombay Hindu Divorce Act of 1947 and the Saurashtra Hindu Divorce Act, 1952, though it was a ground under Madras Hindu Bigamy Prevention and Divorce Act, 1949.
The marriage being indissoluble the rule was firmly established that conversion did not operate per se as a dissolution of marriage. The Law was modified to some extent by the Native Convert’s Marriage Dissolution Act, 1866. The Hindu marriage under the act is one solemnised between persons who are hindus in the wide
(1) Any marriage solemnised, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party—
(ii) has ceased to be a Hindu by conversion to another religion;
Conversion: Meaning
When a person adopts another religion by formally converting to it (in accordance with the formalities prescribed by the religion to which the conversion is sought), he ceases to be the follower of his former faith and becomes the follower of his new faith.
The Dharmashastra did not prescribe any ceremony for conversion to Hinduism. Among the Hindus, it is only Arya Samajists who prescribe a ceremony of conversion, known as Sudhi. A person who undergoes a ceremony of Sudhi converts to Hinduism but then he is Arya Samajist Hindu. A non-hindu becomes Hindu if he undergoes the ceremonies of conversion . In Peerumal v. Ponnuswami it has been held that a person may also become hindu if after expressing an intention, expressly or impliedly, he lives as Hindu and the community or caste, into the fold of which he is ushered in, accepts him as a member of that community or caste.
The party who ceased to be Hindu by conversion cannot file a petition for divorce under section 13(1)(ii) of the act. This ground can only be claimed by another party and not by the party who himself converted into another religion. It may be noted that this provision is not a ground for divorce under the Bombay Hindu Divorce Act of 1947 and the Saurashtra Hindu Divorce Act, 1952, though it was a ground under Madras Hindu Bigamy Prevention and Divorce Act, 1949.
The marriage being indissoluble the rule was firmly established that conversion did not operate per se as a dissolution of marriage. The Law was modified to some extent by the Native Convert’s Marriage Dissolution Act, 1866. The Hindu marriage under the act is one solemnised between persons who are hindus in the wide