முஸ்லீம் பெண்கள் இந்து மதத்துக்குமாறிய பின்னர் இந்து முறைப்படி திருமணம் செய்யலாம் - சுப்ரீம் கோர்ட் தீர்ப்பு

முஸ்லீம் பெண்கள் இந்து மதத்துக்குமாறிய பின்னர் இந்து முறைப்படி திருமணம் செய்யலாம் - சுப்ரீம் கோர்ட் தீர்ப்பு
SC:reconversion no bar for marriage under Hindu Marriages Act
PTI | 08:05 PM,May 19,2011


New Delhi, May 19(PTI) Re-conversion into Hinduism cannot act as a bar for a marriage under the Hindu Marriages Act, the Supreme Court has ruled, dismissing an appeal filed by an IAF pilot who said his wife was a Muslim. A bench of justices P Sathasivam and H L Gokhale said in a judgement that since Bhavana alias Sahar Wasif divorced her Muslim husband and re-converted to Hinduism after undergoing the "shudhkhiran" (purification) ceremonies, her re-marriage with a Hindu man was valid under Section 5 of the Act. "The material placed by the respondent--wife--in the form of oral and documentary evidence clearly show that there was no contravention of any of the provisions, more particularly, Section 5 of the Act", Justice Sathasivam writing the judgement said. The apex rejected Flying Officer Rajiv Gakhar's plea that Bhavana had concealed the fact that she was a Muslim, already married and had two children from her first husband Wasif Khalil. The bench said perusual of the records clearly revealed that Gakhar was well aware of the fact that Bhavana had re-converted to Hinduism after divorcing her Muslim husband. Gakhar had filed a suit in the year 2000 in the court of the Addl District Judge-I, Faridabad, under Sections 5 and 12 of the Hindu Marriage Act, 1955, seeking dissolution of the marriage solemnized on November 28, 1999, at an Arya Samaj temple. The husband alleged he was tricked into the marriage by the wife who used "emotional coercion," "impersonation," "misrepresentations," "fraud" and cheating to achieve her object. (more) PTI RB