Court grants divorce to Hindu woman who married Muslim under Hindu marriage law
A family court in Uttar Pradesh has granted a divorce decree to a Hindu woman on the grounds that the Muslim man who married her under the Hindu Marriage Act never accepted Hinduism and continued to live as a Muslim.
Marriage between a Hindu and a Muslim under the Hindu Marriage Act is null and void as the law requires both people to be Hindus, the court said.
The woman told the court that her ‘husband’ – Imran Malik – tried to force her to change her religion to Islam despite registering their marriage under the Hindu Marriage Act.
The court observed that Imran changed his name to Rahul for the marriage documents, only to deceive and deceive the wife.
The woman, Kanta, is from a scheduled caste. The man, Imran Malik, is a Muslim. Both reside in Baghpat district, Uttar Pradesh. Their villages are about 50 kilometers apart.
Imran deceived Kanta, never accepted Hinduism, court told
According to the divorce plea filed by Kanta less than a year after she ran away from home and married Imran, she got in touch with him through a phone call. He introduced himself as Rahul.
On April 4, 2018, Imran had their marriage registered in a court in Ghaziabad. This was done under the Hindu Marriage Act, where Imran gave his name Rahul. No wedding ritual such as pheras Where yajna have been conducted.
Kanta’s plea further stated that her “husband” started forcing her to convert to Islam after this paperwork. He forced her to wear burka and didn’t let her out of the house.
In his response, Imran refuted several statements by Kanta.
He said he had duly converted to Hinduism in order to marry her under the Hindu marriage law. They lived happily after the wedding, and her parents showed her all the respect due to a daughter-in-law. It was Kanta’s family who opposed the relationship and created problems.
They started brainwashing him over the phone. One day, Kanta’s brother Sumit, her brother-in-law Pawan, and her parents visited her house and took her away, saying that she would come back soon after spending time with them. However, they made her cut off all contact with him and refused to let her return to his home.
Imran’s plea further stated that he “loves” Kanta and wants to live with her as her husband, and Kanta’s divorce plea should be dismissed.
The court observed that while Kanta’s statements appeared to be true, Imran’s version was not.
Kanta told the court that Imran’s claim that it was his family who came to his house and took her away is false, as she left his house on her own. She said that after she left, Imran made no phone calls or made any effort to bring her back as he claimed. She also refuted Imran’s statement that his family had been brainwashed against him.
The court said:[Kanta’s] statements do not appear to be contradictory or untrue. His statement appears to be true and believable.
In the case of Imran, the court observed that although he wrote his name as Rahul in the marriage registration form, he was unable to produce any other document proving the change of his name. name or religion. Even in a document dated July 22, 2019, he had given his name as Imran Malik.
His whole family observed the Muslim faith and read namaz. Imran admitted that in his heart he continues to worship Allah, the court observed.
“We can conclude from [Imran’s] statements that he never accepted Hinduism. He wrote his name as Rahul in the marriage form only to deceive the wife. He was born a Muslim and continues to be a Muslim,” the court observed (translated from Hindi).
In the verdict, the court said that since Imran is a practicing Muslim, the marriage registered under the Hindu Marriage Act was null and void as the law required both partners to be Hindus.
Imran obtained her consent to the marriage by fraud, the court heard.
The case was heard by Awadh Bihari Singh, Senior Judge, Family Court, Baghpat.