The Madras High Court said in an important judgment that it is cruelty to force a spouse to convert in inter-religious marriages. Keeping the Family Court’s decision, the High Court allowed divorce. The Hindu wife, who belongs to the Scheduled Castes, accused her Muslim husband of pressurizing and assaulting them to convert to Islam.
A division bench of Justice N Sheshasayi (now retired) and Justice Victoria Gauri, while hearing the case, said that it is a direct violation of Article 21 of the Constitution of India to force to convert. The court said, “depriving someone’s right to follow religion and forcing him to convert to another religion will deprive the victim of his life and personal freedom.”
Live law of According to the reportThe court said that when no religion is allowed to follow with freedom, it affects the quality of life. This makes his life dignified. When someone is forced to convert in the name of the above to save his marriage, he shakes the foundation of an organization called marriage.
The court said, “Under every personal law, the institution of marriage is the sacred union of two souls. The marriage system is considered sacred and should be preserved. ” After this, the High Court accepted the wife’s petition and allowed her to divorce her Muslim husband. The Family Court had given the same decision against which the Muslim husband appealed to the High Court.
The wife had filed a petition in the family court and demanded a divorce from her Muslim husband. For this, he described the basis of cruelty and abandonment. The wife had said that her Muslim husband is constantly forcing her to convert to Islam. When she refuses, her husband abuses her with her caste. The wife said that she is a Hindu woman of Scheduled Castes.
The husband argued that the matter has been registered for some purpose. The husband said that his wife claimed that he was brutally beaten and underwent treatment, but he did not present any documentary evidence to prove it. The husband also argued that there is no evidence to prove that his wife was forced to become a Muslim.
The court admitted that both of them had married love under the Special Marriage Act, but tortured him physically and mentally for conversion. The court also admitted that the husband had also changed his wife’s Hindu name. Not only this, the husband had been living with his sister for the last two years except his wife. Describing it as cruelty by the court, the court considered a sufficient basis for divorce.
