Chennai: The Madras High Court has held that conversion to Hinduism does not require any formal ceremony and can be established through consistent conduct, setting aside an Ambattur Sub Court order that had dismissed a mutual-consent divorce plea under the Hindu Marriage Act (HMA), 1955.
Justice P.B. Balaji directed the Sub Court to restore the petition and decide it on merits within four weeks, observing that once a person demonstrates a bona fide intention to accept the Hindu faith through their actions, the HMA applies.
The case involved a woman born to Muslim parents who had been raised in Hindu traditions by her grandmother. The couple submitted that their marriage was solemnised on 21 August 2020 at Arulmighu Balamurugan Temple in Chennai, in accordance with Hindu rites, supported by photographs and a temple certificate.
The High Court noted that the woman had participated in a Hindu marriage ceremony, invoked the HMA for divorce, and consistently asserted that she professed Hinduism at the time of marriage. It ruled that the Sub Court erred in rejecting the plea merely because her name reflected her religion at birth.
Relying on the Supreme Court’s precedent in “Perumal Nadar vs Ponnuswami” (AIR 1971 2352), the petitioners argued, and the High Court accepted, that genuine intention and conduct are sufficient for conversion, with no requirement for purification rituals or formal procedures.
The Court further observed that since the marriage was performed according to Hindu rites, the couple could not seek relief under the Special Marriage Act, making the HMA the appropriate legal framework.
Finding that the Sub Court had wrongly dismissed the case based solely on the wife’s birth religion, the High Court restored the divorce petition and ordered its disposal on merits within four weeks.