Conversion as a Cause for Divorce
A Hindu marriage can be dissolved by an awarding of divorce on the grounds that a respondent has ceased to be a Hindu by converting to another religion.
This is a relatively modern concept. As per ancient Hindu law, marriage was not ipso facto dissolved when one party had converted to another religion. Thus, the Bill laid down that a change in religion would not end conjugal relations, and therefore, it was not possible for a party to get divorce by change in religion. Divorce lawyers in Chandigarh will provide the right advice in this matter.
The right of divorce was given to a person who continued to be a Hindu. A somewhat similar right is given to Christian persons.
Section 13 of Hindu Marriage Act confers right on a spouse to present a petition of divorce against the other partner who has converted to another religion after solemnizing marriage. An apostate can also file for a divorce petition after he or she ceased to remain a Hindu under the Hindu Marriage Act on the condition that she shall provide valid grounds for it. One can take the help of advocate for divorce.
Conversion under this provision does not mean mere theoretical allegiance to a religion other than Hinduism. It needs voluntary giving up of Hindu religion and ceremonial induction to new religion. Only this will do for contesting divorce under this provision of conversion. Divorce procedure in Chandigarh is based on this condition.
A Hindu partner who discontinued to be a Hindu by converting to any other religion does not get any rights as per the Hindu Marriage Act. Instead, she or he becomes a target for a case for divorce filed by the other spouse. Lawyers for divorce can be consulted.
The Hindu spouse gets a privilege under the Hindu Marriage Act to pursue dissolving of marriage with a spouse who has converted to any other religion. The non converting spouse’s right is indefeasible. The Hindu Marriage Act also does not state that the case of conversion will be one without the other spouse’s consent to qualify for seeking divorce.
A good divorce lawyer can point out sections in the Hindu Marriage Act relating to conversion:
Section 13: Marriage solemnized under the Hindu Marriage Act can be dissolved if either spouse has converted to any other religion than Hinduism.
Section 15: When a marriage has been dissolved by a decree of divorce, and there is no scope for appeal, it shall be lawful for either party to marry again. At the same time, it is unlawful for a Hindu man converting to a religion like Islam to divorce his Hindu wife and take on a second wife. This is upheld by the high court.
Section 494 of Indian Penal Code: Marrying another while husband or wife is still alive is a void marriage and subject to criminal procedure entailing a jail term.
Divorce procedure in Chandigarh reveals that conversion is a valid point for divorce.