Marriage with a Muslim man does not lead to Hindu conversion, the woman got a share in the property

Delhi High Court on Thursday gave an important verdict in a family property dispute case. The court clarified that merely marrying a Muslim man does not automatically convert a Hindu woman to Islam. Justice Jasmeet Singh made this comment while hearing a property dispute.

The case was filed by a woman, Pushpalatha, seeking a share in her father’s property. The court ruled in favor of the woman and ordered her to be given 1/5th of the property.

Background of the case

Pushpalatha, who is the eldest daughter of her father’s first wife, had filed a property dispute case against her stepmother’s sons in 2007. The dispute was over joint property of the father, which the step brothers were trying to sell.

claim of flowering

Pushpalatha said her father had remarried and his property should be divided under the Hindu Succession (Amendment) Act, 2005. She and her sisters claimed 1/5 share in the property.

defendant’s argument

The step-brothers argued that Pushpalata had married a Pakistani-origin Muslim man in the United Kingdom. Therefore, she is no longer a Hindu and cannot claim a share of the property under the Hindu Succession Act.

Court’s comments and decision

The court rejected the defendants’ argument, saying:

• “Mere marriage to a Muslim person does not result in automatic conversion from Hinduism to Islam.”
• The court also said that the defendants did not have any concrete evidence to prove that Pushpalata had converted to Islam.

The woman gave an affidavit

Pushpalata clarified through an affidavit that despite being married to a Muslim man, she follows Hindu religion. Accepting this, the court said that conversion cannot be claimed on the basis of marriage alone.

Women’s rights in property disputes

• The court said that Pushpalata and her sisters will get equal shares in their father’s property.
• Pushpalatha will be given 1/5th of her share and 1/4th of the amount deposited in the PPF account.

judge’s statement

Justice Jasmeet Singh wrote in his order:
“The defendants do not have any concrete evidence to prove their claim of religious conversion. Without evidence, a conclusion of conversion cannot be drawn merely on the basis of marriage.”