HC refuses decree of divorce to a Muslim woman who married a Hindu

Last Updated: Friday, August 13, 2010 - 21:19

New Delhi: The Delhi High Court on Friday
declined to grant decree of divorce to a Muslim woman, married
to a Hindu, after she failed to prove her conversion from
Muslim to Hinduism under the Hindu Marriage Act.

Justice Kailash Gambhir upheld a lower court`s order and
dismissed GA Arife alias Arti Sharma`s petition for granting a
decree of divorce against husband Gopal Dutt Sharma in March
this year.
The court also dismissed an application for permanent
alimony to her daughter.

"The appellant (Arife) throughout her arguments failed to
give any convincing reply to satisfy the court that she was
successful in proving her conversion from Islam religion to
Hinduism with the help of any documentary or oral evidence,"
Justice Gambhir said.

"The basic focus to convert from one religion to another
is to seek God from another platform but unfortunately today
proselytisation is increasingly done for reaping benefits,"
the court said and slammed the woman for taking advantage of
the situation.

Referring to the ruling of the apex court, the HC said
"apostasy produces far-reaching results in the relations of
husband and wife, where it is also a ground of divorce under
the Hindu Marriage Act, and raises controversies like the
present case demanding a mechanism in place to stop people
from fishing in troubles waters."
Filing an appeal, Arife, alias Arti, said she got married
to Sharma, her senior officer in the Directorate of Financial
Planning in Air Ltd, against the wish of both the families in
1988 at the Arya Samaj temple.

Seeking a decree of divorce, she alleged her husband had
suggested her to go for abortion, to which she had objected
and got to know about her husband`s second marriage in 1989.

She claimed her divorce petition was dismissed by a
family court, after which she had filed her appeal in the High
Court.

PTI



First Published: Friday, August 13, 2010 - 21:19

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