The Delhi High Court made an important remark during the hearing in the property partition case, saying that only a Hindu religion person is automatically converted to Islam by marrying a Muslim person.
The court’s remarks were made in the case ‘Doctor Pushpala and others vs Ramdas HUF and others’. The case was actually that Ram Das, a person living in Friends Colony, had two weddings (second after the passing of one wife). He had 2 daughters from his first wife and 2 sons from the second wife.
Since the implementation of the Hindu Succession Amendment Act 2005 on 9 September 2005, daughters were also an officer in the father’s property. In such a situation, a case was filed in 2007. The elder daughter, who was with the first wife, prosecuted the person’s second wife on both sons.
It was alleged that These people were trying to sell them without asking him without asking him to sell, separate him and settle him without consent. While the daughters had 1/5 of each of the properties of the trial.
The father at that time opposed the trial filed by the daughter on the basis that the daughter had married a Muslim person of Pakistan in Britain and lived there. The father said that the daughter is no longer a Hindu, so she does not have the right in her property.
Later, the person died in December 2008 amid the hearing of the case and his case was fought by sons. The court now found in this case that the defendants had to prove that the elder daughter of the plaintiff is no longer a Hindu, but those people could not do so.
In such a situation, the court said that the defendants failed to fulfill their responsibility, as no evidence was provided to certify the claim that the eldest daughter had abandoned Hinduism or formally converted to Islam.
The court said That the woman has clearly stated in her evidence through the affidavit that even after her civil marriage with that person, she has been following her religion ie Hinduism.
Justice Jasmeet Singh, while hearing the case, said- “I think, by marrying a Muslim, Hinduism does not get self-converted to Islam. In the current case, apart from the mere statement made by the defendants, no concrete evidence has been presented by the defendants to prove that the plaintiff no number 1 has adopted a recognized process of conversion in Islam. ”
The court said that since the woman has not changed her religion, she is “entitled to claim claims” in HUF properties. The court admitted that according to the rules, daughters were entitled to each of the amount deposited in the PPF account in the name of HUF. At the same time, 2 properties are entitled to the property.
