Hon’ble Dinesh Kumar Singh-I, J.—This First Appeal has been filed against the judgment and order dated 15 July 2017 passed by the Principal Judge, Family Court in Divorce Petition No. 16 of 2015 (Major Narendra Singh Rana v. Smt. Pooja Rana), whereby the application moved by the appellant-wife has been rejected holding that the divorce petition filed by the respondent-husband under Section 13 (1) (1a) of the Hindu Marriage Act, 1955 1 on the ground of cruelty is maintainable despite the fact that the respondent-husband has embraced Christian religion on the date of filing the divorce petition.

2. The facts, in brief, are as follows :

The respondent-husband married the appellant-wife on 29 April 2007 at Aonla, Bareilly according to Hindu rites. Soon thereafter, the relation between them started deteriorating on account of appellant-wife pressing that her husband should not visit his parents. On a number of occasions, she also created scenes while dining together in restaurants as she disliked non-vegetarian food which was preferred by the respondent. Discord between them rose to the level that one day she consumed all the medicines which were lying in their house in an attempt to commit suicide. Ultimately the respondent filed the petition for divorce on 25 March 2015.

3. The appellant has filed written statement wherein she has denied all the allegations and made counter allegations against her husband that he is in the habit of consuming liquor, indulges in ‘Tona-Totka’ and also makes a demand of Rs. 25.00 lacs or a flat to be arranged by her parents. She is totally dependent upon her father alongwith her small daughter. She also took preliminary objection that the petition of the respondent is not maintainable because he has embraced Christianity as per his own admission in the petition.

4. During the pendency of the divorce petition, she moved an application dated 30 March 2017 before the Court below alleging that her husband admitted on oath that he had adopted Christian religion and that at the time of filing the petition he was a Christian and yet he has filed this petition under the provisions of the Act. According to her, a petition for divorce can be filed under the Act when both the parties are Hindu. Hence, present proceedings under the Act are not maintainable.

5. An objection dated 10 July 2017 was filed by the husband stating therein that another attempt was being made by the wife to delay the judicial process. The cross-examination took place on 28 February 2017 and thereafter also regular adjournments were being moved by the appellant. He further stated that he had already mentioned in the petition that he was Hindu at the time of marriage and had adopted Christianity before the filing of petition. His marriage took place at Aonla at Bareilly as per Hindu rites. The change of religion does not affect the status of his marriage which was solemnized according to the provisions of the Act. He had filed divorce petition under Section 13 (1) (ia) of the Act on 25 March 2015. The marriage was solemnized under Hindu law and hence the said marriage could be dissolved only as per the provisions of Hindu law. He relied upon the judgment rendered in Suresh Babu v. Leela, 2006 (3) KLT 891 and stated that under Section 13 (1) of the Act any marriage solemnized whether before or after the commencement of the Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the grounds which are enumerated in the said Section and since his marriage was solemnized under Hindu law, he was well within his right to file the divorce petition under the said Act. Section 2 of the Act provides that the Act would apply to any person who is a Hindu, which would imply that it would apply to a person who was Hindu at the time of marriage. The relevant date, on which both the parties are required to be Hindu, in order for the Act to apply, is the date of the marriage and not the date when