IMPORTANT POINT
Divorce – Conversion by spouse is a valid ground for dissolution of marriage.

JUDGMENT (CAV)

Rajani Dubey, J.—This appeal is directed against the judgment and decree dated 05.04.2023 (Annexure A-1) passed by the learned Principal Judge, Family Court Bilaspur, District- Bilaspur (C.G.) in Civil Suit No. 29-A/2021 whereby the application under Section 13(1-A) 13(1B-ii) of the Hindu Marriage Act filed by the respondent/husband for grant of decree of divorce, was allowed.

2. Before learned trial Court, it is an admitted fact that both the appellant and the respondent are governed by the Hindu religion and marriage between the parties was solemnized on 07.02.2016 at Bilaspur in accordance with Hindu rites and rituals.

3. Applicant/respondent herein filed application under Section 13(1-A) 13(1B-ii) of Hindu Marriage Act against the non-applicant/ appellant herein on this ground that the Applicant/respondent has been residing in Delhi since 2005 and is employed in a private company. He lives in a rented house. Non-applicant/appellant is employed as a teacher in Saint Xavier’s School. After marriage, the non-applicant went to Delhi for a few days but by quarelling over petty matters, she deprived the applicant of marital happiness. She abandoned the Hindu religion and adopted Christianity. She also suspected the fidelity of the applicant/respondent. Non-applicant/wife did not want to live in Delhi whereas the applicant/husband is the only son in his family. Non-applicant/wife did not follow the Hindu rituals and also threatened the applicant/husband to implicate him in a false case.

4. In her reply, non-applicant/wife denied all the allegations levelled by the applicant/husband against her and stated that the applicant/husband and his family members used to follow the Christianity and due to which, she got acquainted with him. She did not abandon the traditions of Hindu religion and also she never suspected the fidelity of the applicant/husband. Further, she wants to live with the applicant/husband. She was tortured by the applicant/husband for demand of dowry. The applicant/husband himself abandoned her. She is willing to live in a joint family.

5. Learned trial Court after appreciating the oral and documentary evidence and further on this ground that the non-applicant/wife converted herself from Hindu religion to Christian religion, granted decree of divorce in favour of the the respondent/husband. Hence, this appeal has been filed by the appellant/wife.

6. Learned counsel for the appellant submits that the the impugned judgment and decree dated 05-04-2023 (Annexure A-1) passed by the learned Family Court is bad in law as well as the facts and circumstances of the case, and therefore is liable to be set aside. The learned Family Court did not appreciate the evidence in its proper perspective. Learned Family Court did not consider the statements of the appellant and her witnesses properly which is perverse and against the law. The learned Family Court ought to have considered that only her going to place of Lord Jesus and believing that she would cure from the sick and bad health, is not a ground proving that the appellant/wife has converted herself from Hindu religion to Christian religion.

She further submits that the learned Family Court ought to have considered that as to what is the proceeding of converting from Hindu religion to Christian religion and whether wife/appellant entered to the Baptism Proceeding? “Baptism” is a necessary proceeding in entering Christian religion. It is most important custom of Christianity. But, it was not proved by the respondent/husband that wife/appellant has entered to the Baptism proceeding. Therefore, the learned Family Court ought to have considered the documents filed by the appellant/wife showing that she is a follower of Hindu religion. Hence, the impugned judgment and decree are liable to be set aside.

Reliance has been placed on the judgment of Hon’ble Supreme Court in the matter of Dr. Ramesh Yeshwant Prabhoo Vs. Prabhakar Kashinath Kunte and others with another