NEW DELHI: Marrying a person of another faith does not result in an automatic conversion to their religion, Delhi High Court has ruled.
“Merely marrying a Muslim does not result in an automatic conversion from Hinduism to Islam. In the present case, aside from a bare averment made by the defendants, no substantive evidence has been produced to prove that the plaintiff underwent a recognised process of conversion to Islam. In the absence of such proof, the claim of conversion solely on the basis of marriage cannot be accepted,” the single-judge bench of Justice Jasmeet Singh said on Thursday.
The case stems from a family dispute over the division of ancestral properties belonging to a Hindu Undivided Family (HUF). HC was hearing a partition suit filed in 2007 by the eldest daughter of a man from his first wife against him, as well as his two sons from the second wife. Another daughter from the first wife was transposed as the second plaintiff. In Dec 2008, the father died during the pendency of the suit.
The plaintiff, a Hindu woman, claimed her share in the HUF properties under the Hindu Succession (Amendment) Act, 2005, which grants daughters equal rights in ancestral properties. It was contended that the daughters had one-fifth share each in the suit properties. The suit was filed as the defendant sons (from the second wife) were trying to sell and dispose of the HUF properties without the consent of the daughters.
The father opposed the suit, saying it was not maintainable because the eldest daughter had ceased to be a Hindu as she was married to a Muslim of Pakistani origin in the UK. The defendants opposed the claim, arguing her marriage to a Muslim man severed her rights in HUF as she no longer qualified as a Hindu under the law.
The disputed properties included a three-storey house in Friends Colony East and other movable and immovable assets claimed to be part of HUF.
Partially allowing the suit, HC said the burden of proving the eldest daughter had ceased to be a Hindu owing to her marriage to a Muslim of Pakistani origin living in the UK rested entirely on the defendants. However, the court said the defendants failed to discharge the burden as no evidence was presented to substantiate the claim that the daughter had renounced Hinduism or formally converted to Islam.
Stating that since the woman had not changed her religion, the court said she was “entitled to claim” her share in the HUF properties. It held the daughters were only entitled to a one-fourth share each in the amount lying in credit in the PPF account in the name of the HUF.
HC said the daughters were entitled to two properties in view of the affidavit filed by the sons, whereby they gave up all their rights, title and interests in favour of the daughters as an act of goodwill.
