IMPORTANT POINT
A Hindu marriage cannot be dissolved by mere conversion to another religion; children from such unions are legitimate under the amended Hindu Marriage Act.

JUDGMENT :

The petitioner, the legally wedded wife of late Sri.C.Sreenivasan, has filed this writ petition under Article 226 of the Constitution of India, seeking to quash Ext.P9 order issued by the 2nd respondent herein and also for a declaration that the petitioner is the legal heir of the deceased C.Sreenivasan along with her daughter and mother-in-law. She has also sought for a direction to the 1st respondent to release and make payment of the terminal/pension benefits of her deceased husband, expeditiously.

2. The short facts necessary for the disposal of this writ petition are as under:

The petitioner married C.Sreenivasan on 08.10.1983 as per the Hindu rites and customs. The deceased was working as an Assistant Salesman in the 1st respondent Corporation. A daughter was born in the wedlock on 18.08.1984. The petitioner has produced their marriage certificate as Ext.P1, the birth certificate and the SSLC certificate of the daughter as Exts.P2 and P3 respectively. It is stated that the marital life of the petitioner with deceased C.Sreenivasan was not cordial on account of many reasons and the petitioner had filed a petition for claiming maintenance before the Family Court, Kozhikode, which claim has been disposed of by Ext.P4 order dated 18.11.2014, by which, the deceased was directed to pay a maintenance of Rs.3,000/- per month to the petitioner herein. It is also stated that the deceased had contracted a second marriage with the 4th respondent herein during the subsistence of the marriage with the petitioner and also obtained a divorce from the petitioner from the Family Court, Malappuram, ex parte. Upon coming to know about the ex parte order as above, the petitioner sought for setting aside the said ex parte order and by Ext.P5 order dated 10.06.2015, the Family Court, Malappuram has set aside the ex parte order. C.Sreenivasan passed away on 03.08.2015 as evidenced by Ext.P6 death certificate dated 30.09.2015. It is further pointed out that the petitioner’s request with the employer of the deceased – the 1st respondent herein, for the terminal benefits was not processed as evidenced by Ext.P7 on account of the alleged dispute as regards the legal heirs of the deceased. In the meantime, the 4th respondent applied for the legal heirship certificate and the 2nd respondent by Ext.P9 dated 23.11.2016, found that the 4th respondent and her children are the legal heirs of the deceased C.Sreenivasan and the claim of the petitioner and her daughter cannot be accepted. The order at Ext.P9 also makes reference to the fact that the deceased C.Sreenivasan had in the meantime converted to Islam and the marriage with the 4th respondent was as an Islam and even the 4th respondent also converted to Islam Religion. It is in the above circumstances that the petitioner has filed the captioned writ petition with the afore reliefs, pointing out that the change in religion would not dissolve the marriage performed with the petitioner under the Hindu customs. It is also pointed out that the change in the religion as above is only a ruse to defeat the interest/claim of the petitioner and her daughter.

3. A counter affidavit dated 31.01.2017 has been filed by the 2nd respondent - Tahsildar, pointing out that the order at Ext.P9 was issued relying on the legal opinion obtained by him from the District Government Pleader, that the claim had to be settled by applying the Muslim Law insofar as the deceased had converted to Islam and he was also buried as per the Islamic rites, etc.

4. The 1st respondent employer has filed a counter affidavit dated 05.01.2018, pointing out that it is on account of the non- production of the Succession Certificate/other records, that the terminal benefits are not released.

5. The 4th respondent has filed a counter affidavit dated 08.11.2021, pointing out that she was not aware about the earlier marriage of the deceased with the petitioner herein, that she came to know about the said marriage only subsequently, that it is