Marriage in another religion does not mean automatic conversion: Delhi High Court

The Delhi High Court, during the hearing of a petition, clarified that marrying a person of another religion does not mean that the person has abandoned his original religion. A single bench of Justice Jasmeet Singh said:

“Marrying a Muslim person does not automatically result in conversion from Hinduism to Islam. In the present case, apart from mere verbal claims, no concrete evidence has been produced by the defendants to prove that the plaintiff has converted to Islam by undergoing the formal process of conversion. In the absence of evidence, the claim of conversion merely on the basis of marriage cannot be accepted.”

Case: Dispute over division of ancestral properties

This comment was made on a petition filed regarding division of ancestral properties of Hindu Undivided Family (HUF). The petition was filed in 2007 by the eldest daughter of a man’s first wife, against the father and two sons of his second wife.

• Background of the case:
  After the death of the father in 2008, the petitioner sought his share in the HUF properties under the Hindu Succession (Amendment) Act, 2005. The petitioner claimed that daughters have equal rights in ancestral properties and each daughter gets one-fifth share in the properties.
• The defendants’ argument:
  The respondent sons claimed that the petitioner, who is married to a Muslim man of Pakistani origin living in Britain, has renounced Hinduism. He also said that because of this marriage, the petitioner has no right over the HUF properties.

High Court decision

The High Court partially supported the petition, saying that it was the responsibility of the respondents to prove that the petitioner had renounced Hinduism and formally converted to Islam.

The court said:

“The respondents failed to establish the claim that the petitioner has formally converted. “Merely marrying a Muslim person does not automatically take one out of Hinduism.”

The properties in dispute include:

• Three storey house located in Friends Colony East.
• Other movable and immovable properties, part of which is claimed as HUF properties.

The High Court also said that unless it is proved that the petitioner has changed his religion, his rights in the HUF properties cannot be extinguished.