The Madras High Court has overturned an order of the Ambattur Subordinate Court, which had refused to entertain a mutual-consent divorce petition under Section 13(B) of the Hindu Marriage Act (HMA), stating that one spouse was Muslim by birth. The High Court held that sincere conduct and genuine intention to profess Hinduism were adequate to meet the requirements of the Act.
HC Directs Restoration of Petition
Justice PB Balaji directed the subordinate court to restore the divorce petition filed by K. Krishnapriyan and Aayisha Siddiqua and decide the matter on its merits within four weeks.
Lower Court Rejected Plea Over Wife’s Religious Identity
The subordinate court had dismissed the couple’s petition after concluding that the wife’s Muslim name disqualified her from approaching the court under the HMA, which applies only to Hindus, Buddhists, Jains, and Sikhs.
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Couple Argues Evidence of Hindu Life and Marriage
Before the High Court, the petitioners submitted that although the wife was born to Muslim parents, she was raised by her Hindu grandmother and lived her life in accordance with Hindu customs.
They provided evidence of:
- A Hindu temple wedding
- Photos of rituals performed according to Hindu traditions
- A certificate from Arulmighu Balamurugan Thirukoil, Chennai
- Statements describing both parties as Hindus in the divorce petition
Court Cites Supreme Court Ruling on Conversion
Justice Balaji relied on the Supreme Court’s 1971 ruling in Perumal Nadar vs Ponnuswami, which held that formal ceremonies are not mandatory for conversion; intention and consistent conduct are sufficient.
HC Finds Wife’s Conduct Establishes Hindu Identity
The judge noted that the couple married under Hindu rites, invoked the Hindu Marriage Act, and consistently identified as Hindus. The wife’s continued use of her birth name, the court held, was not sufficient reason to question her professed religion.
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No Remedy Available Under Special Marriage Act
The HC observed that since the marriage was performed as per Hindu customs, the couple could not seek divorce under the Special Marriage Act. Denying them access to the HMA would amount to depriving them of any legal remedy.
Petition Restored
The High Court allowed the revision petition, restored the divorce plea, and directed its disposal within four weeks, with no order as to costs.
