File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Hindu Marriage: Conversions and Marriage Bonds-Insights from Legal Precedents

The doctrine of indissolubility of marriage under traditional Hindu Law did not recognize that conversion would have the effect of dissolving a Hindu marriage. Conversion to another religion by one or both Hindu spouses did not dissolve the marriage.

In the case of 'In re Ram Kumari' (1891) ILR 18 Cal 266, where a Hindu wife converted to the Muslim faith and then married a Mohammedan, it was held that her earlier marriage to a Hindu husband was not dissolved by her conversion.

She was charged and convicted of bigamy under Section 494 of the IPC, 1860. It is held that there is no authority under Hindu Law for the proposition that an apostate is absolved from all civil obligations and that, as far as the matrimonial bond is concerned, such a view is contrary to the spirit of Hindu Law.

The Madras High Court followed 'In re Ram Kumari', (1891) ILR 18 Cal 266 in 'Budansa v. Fatima', AIR 1914 Mad 192. In 'Gul Mohammed v. Emperor', AIR 1947 Nag 121: 1947(48) CrLJ 43, a Hindu wife was fraudulently taken away by the accused, a Mohammedan, who married her according to Muslim Law after converting her to Islam.

It was held that the conversion of a Hindu wife to the Mohammedan faith did not ipso facto dissolve the marriage, and she could not, during the lifetime of her former husband, enter into a valid contract of marriage. Accordingly, the accused was convicted of adultery under Section 497 of the Indian Penal Code, 1860.

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers

Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


How To File For Mutual Divorce In Delhi


How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage


It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media


One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...


The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...


The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...


Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online

File caveat In Supreme Court Instantly