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 compan