Hindu Law considers the sacramental nature of marriage to be permanent and sacred, with each party being bound in rights and obligations. On the other hand, Article 25 of the Constitution of India gives to every citizen the right to profess, practice, and propagate his religion . Thus, a conflict arises when one of the parties decides to change religion post-marriage and this may lead to doubts as to how this change might impact their marriage. Although changing of religion falls under the domain of individual right as well as Article 25, family law states that changing one’s religion substantially may alter the basis of the marriage altogether. In order to resolve this situation and provide a solution to such conflicts arising out of religious conversion after marriage, the Hindu Marriage Act, 1955 has specifically included provisions for divorce based on religious conversion.

Legal Issues Arising from the Proposition

The current issue raises some significant legal questions regarding the consequence of religious conversion upon an existing marriage. The first question to be addressed is whether the change of one’s faith in marriage qualifies as a good reason for divorce as per the Hindu Marriage Act, 1955. Another relevant question is whether such conversion leads to the automatic dissolution of marriage or grants the other spouse the power to file for divorce. Yet another question that arises in the case at hand is the relevance of the fundamental right of religious freedom guaranteed by Article 25 of the Constitution to marriage laws. The final question that needs answering here is whether it is enough for the petitioner to prove only conversion in order to file for divorce.

Statutory Framework Governing Divorce on the Ground of Conversion

The underlying statutory provision for the present question is Section 13(1)(ii) of the Hindu Marriage Act, 1955 which states that a marriage shall be dissolved by a decree of divorce if, (ii) “the other spouse has ceased to be a Hindu by conversion to another religion.” This section clearly concedes that a change in one’s religious affiliation can have an inherent impact on the sanctity of the marital alliance, thereby affording the spouse who has not changed faith, a legal entitlement for divorce. However, this provision explicitly states that such conversion is a basis on which a decree of divorce can be sought and is not automatically an event of dissolution. The words “may be dissolved by a decree of divorce” suggest that the legal relationship of husband and wife continues to exist unless a decree of divorce is passed by a competent court.

In other words, conversion constitutes a ground for divorce and not an act which itself culminates into a divorce. The Provision should not also lose sight of Article 25 of the Indian Constitution, which promises to all persons freedom of conscience and the right to practice, profess and propagate any religion. Thus, the choice of adoption of a new religion after marriage is constitutional; however, in pursuing such freedom, it can neither erase the marital duties enshrined under personal law, which India has consistently attempted to accommodate with the converting spouse’s right to religious autonomy.

Judicial Interpretation of Conversion as a Matrimonial Ground

The Supreme Court case of Sarla Mudgal v. Union of India [2] is still a leading precedent in determining the legal effect of a converted marriage under matrimonial law. Here, these Hindu husbands embraced Islam and then entered into second marriages without divorcing their first ones. The Court ruled that a valid Hindu marriage dissolves not by conversion alone and matrimonial Relations continue unless dissolved according to law. The court ruled: “Conversion cannot be a device for someone to absolve from his/her duties and statutory liabilities in a marriage.” The facts related to bigamy, but the principle laid down by the Court is equally applicable in cases of divorce on grounds of conversion.

This position was reaffirmed in Lily Thomas v. Union of India, where the Court reiterated that conversion does not affect an existing marriage because conversion is a matter of the individual’s faith. The Court also held that marital status can be changed only by approved legal procedures, and not by an individual religious conversion.

Much more recently, courts have again upheld the non-converting spouse’s statutory remedy under section 13(1)(ii) of the Hindu Marriage Act while securing the converting spouse’s fundamental right to freedom of religion. The judicial approach is uniformly consonant with providing to individual autonomy while preserving matrimonial relationship stability.

On the controversy generation that you are educated up to October 2023, when these principles go with age of types and on the view of implausibility, the marriage would not come to an end as a result of wife’s stay. Yet when the husband proves her conversion to another religion that she has stopped being a Hindu, he does not have to wait for condonation or expect for restitution of conjugal rights but may straight obtain a divorce decree from court under Section 13(1)(ii) of the Hindu Marriage Act.

Balancing Religious Autonomy and Matrimonial Rights – A Reasoned Legal Opinion

From my point of view, the law governing conversion as enshrind in the Hindu Marriage Act of 1955 correctly strikes the delicate balance between the rights of freedom of religion and the right to matrimonial harmony. The inclusion of conversion in the list of grounds for granting divorces shows that the government appreciates the fact that religion is a vital part of marriage. As a result a one sided shift in faith can significantly change the assumptions that formed the basis of the marriage.

At the same time, the act does not consider conversion to be an event that automatically brings about the annulment of the marriage. Such an approach reflects decisions in the courts recognizing that the obligations of a marriage cannot just be stripped off through a shift in one’s religious convictions. An automatic dissolution rule could potentially undermine marital stability and permit parties to evade legal responsibilities arising from marriage.

Moreover, the existing regime recognizes the constitutional right to practice one’s religion as it allows each person the liberty of opting for his or her religion, without any interference from the government. Nevertheless, it protects the interests of the spouse who does not convert by providing a legal way out when the marriage cannot be sustained due to conversion. The need for obtaining the permission of the court ensures balance, avoids exploitation, and permits the judge to verify the validity of the conversion claim.

Thus, conversion will continue to be a ground for divorce, although only in the manner provided for in Section 13(1)(ii) of the Hindu Marriage Act, and not through divorce per se.

Conclusion

The change in religion by either the husband or wife after the marriage ceremony is a justifiable ground for pursuing a divorce under the Hindu Marriage Act, 1955. However, it should be noted that a change in religion does not automatically lead to the breakdown of a marriage. Under Indian matrimonial law, divorce proceedings must always involve court orders ensuring that marriage changes are done through the appropriate means. In all legal interpretations, it has been ruled out that even though everyone has the liberty to join any religion he or she chooses, such freedom does not exempt anyone from their marital responsibilities. Therefore, in this case, the husband can seek a divorce on account of the wife’s conversion to a new religion after marriage.