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1936 Supreme(Mad) 289

VENKATASUBBA RAO
B. Ramayya – Appellant
Versus
Mrs. Josephine Elizabeth – Respondent


JUDGMENT

Venkatasubba Rao, Offg. C.J.

1. The same question arises in the three appeals, namely, is Dr. Iswarayya to be treated as having died a Christian or a Hindu? He was originally a Hindu and a Brahmin by birth and became a convert to Christianity. What is now alleged by his Brahmin brother Ramayya is, that Dr. Iswarayya changed his religion again in 1926 and became a Hindu by re-conversion. A definite case was put forward in the trial Court, namely, that the deceased underwent a formal ceremony of expiation and re-conversion. This case the trial Judge has found to be utterly false, and we must without hesitation affirm the finding. Ananthakrishna Ayyar, J. seems to have thought that without undergoing a formal ceremony, a convert to Christianity cannot again become a Hindu. For this purpose he relies upon the following observations in Ratansi D. Morarji v. Administrator General Madras AIR 1928 Mad 1279:

A European does not become a Hindu merely because he professes a theoretical allegiance to the Hindu faith, or is an ardent admirer and advocate of Hinduism and its practices; but if he resides long in India, abdicates his religion by a clear act of renunciation and adopt Hinduism



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