Sankaran, J.

The question which arises for consideration in this Appeal is whether in a petition for dissolution of marriage filed by the wife under Section 13(1)(ii) of the Hindu Marriage Act, a Hindu husband who embraced Islam by concersion could put forward a valid defence that the conversion to Islam was with the consent of the wife and thereby avert an order for dissolution of marriage.

2. The respondent herein filed a Petition under Section 13 (1)(ia), (ib) and (ii) of the Hindu Marriage Act praying for the dissolution of her marriage with the appellant. The marriage was solemnized on 1st November 1992. There are two children born in the wedlock. The respondent alleged that the respondent has meted out cruelty towards her and he deserted her. It is also alleged that the appellant herein embraced Islam and married one Fathima and they are living together. The appellant denied the allegation of cruelty and desertion. However, it is admitted by the appellant that he converted to Islam and married Fathima. The defence of the appellant is that his conversion to Islam was with the consent of the respondent - wife and he married Fathima since the respondent left his company contrary to her promise to continue to live with him even after conversion.

3. The court below allowed the Original Petition on the ground of desertion and on the ground that the appellant herein has ceased to be a Hindu by conversion to Islam. When this Appeal came up for admission, it was finally heard with the consent of the counsel.

4. Section 13(1)(ii) of the Hindu Marriage Act reads as follows:

13. Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party-

(ii) has ceased to be a Hindu by conversion to another religion."

Conversion to Islam by a Hindu spouse does not per se lead to dissolution of the marriage. It only gives a right to the other spouse to file a petition under section 13(1)(ii) of the Hindu Marriage Act for divorce. Under the pristine Hindu Law as well, conversion did not operate per se as a dissolution of marriage. A Hindu spouse who ceased to be a Hindu by conversion to another religion does not acquire any right under the Hindu Marriage Act. On the other hand, he or she exposes himself or herself to a claim for divorce by the other spouse on the ground of such conversion. The spouse who remains a Hindu gets a right under Section 13 (1) (ii) of the Hindu Marriage Act to seek dissolution of the marriage with the spouse who since the marriage ceased to be a Hindu by conversion to another religion. The right of non-converting spouse is indefeasible. The statute does not provide for any qualification on such right of the non-converting spouse. Nor does the Hindu Marriage Act state that the conversion shall be a conversion without the consent of the other spouse in order to entitle such spouse to apply for divorce. A conversion does not cease to be a conversion within the meaning of Section 13 (1) (ii) if it is with the consent of the other spouse. We cannot read into the statute something which is not intended in the context; nor can we qualify a disqualification in the matter of conversion as one with the consent of the other spouse so as to take it out of the purview of section 13 (1)(ii).

5. Even accepting the case of the appellant that he embraced Islam as consented to by the respondent, his marriage with Fathima would be a bigamous marriage. In Sarla Mudgal, President, Kalyani and Others v. Union of Imdoa and Others: A.I.R 1995 S.C. 1531, the Supreme Court considered the question whether a Hindu husband by embracing Islam can contract a second marriage during the subsistence of the first marriage and whether the husband would be guilty of the offence under Section 494 of the Indian Penal Code. It was held thus:

“14. It is, thus obvious from the catena of case law that a marriag