Conversion as ground of divorce in hindu marriage act with case laws

Conversion is one of the grounds for divorce as per the Hindu Marriage Act 1955. Section 13(1)(ii) of the Act states that any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party has ceased to be a Hindu by conversion to another religion.

In the case of Prakash v. Parmeshwari (2010) 12 SCC 469, the Supreme Court held that conversion to another religion is a ground for divorce under the Hindu Marriage Act 1955.

In the case of Ramesh Chander v. Savitri (2005) 1 SCC 518, the Supreme Court held that the conversion of one party to another religion does not dissolve the marriage by itself. It is only a ground for divorce, and the other party has to prove that the conversion has caused mental cruelty to them.

It’s important to note that the act of conversion must be proved by the petitioner and the court must be satisfied that the other party has indeed converted to another religion. In case of evidence provided is not sufficient, the court may dismiss the petition.

Also, the court may take a lenient view if the act of conversion is condoned by the other party or if it was committed due to the conduct of the other party. In such cases, the court may dismiss the petition for divorce.

It’s worth noting that the concept of conversion is different than that of the Adultery or Cruelty in marriage, and it is the burden of the petitioner to prove the act of conversion rather than the burden of the respondent to prove the absence of it.