The concept of marriage is sacrament.

It is the State of being united to a person of the opposite sex, as

husband or wife in a consensual and contractual relationship recognized by law. It forms the basis of the
society. Because marriage is sacred, it is irrevocable. Thus under Hindu law administered by courts in
India, divorce was not recognized as a means to put an end to marriage. The parties to a marriage
cannot just end the marriage at their will; they were bound to it till the death of either. In earlier times,
wives were bound to the marriage even after the death of the husband, where they were not allowed to
re-marry and sati was practiced.

Marriage, in the Indian society is not considered as a pure and simple contract like other contracts. This
bond is considered religious, moral and social of mutual duties and obligations. The marital relationship
has three basic components; the sexual, familistic and companionship component. Either of the three
components or needs if not fulfilled generate conflict and hostility between the spouses. Thus surfaces
the concept of divorce i.e. the dissolution of marriage. Divorce is the legal dissolution of marriage in a
way other than through the death of one of the spouses, so that either of the spouses is free to remarry
someone else after a certain period of time. As far as possible, divorce is the last choice resorted. It is not
favored or encouraged, the couple seeking divorce is given ample amount of opportunity to reconcile,
resolve their conflicts and cohabit again.

Under the Hindu Marriage Act, 1955 S. 13 illustrates the various grounds for divorce. Adultery, cruelty,
conversion or apostasy, desertion, bigamy, incurable unsoundness of mind, virulent and incurable form
of leprosy, disease in communicable form, renouncing the world, has not been heard of as being alive for
seven or more years and non-resumption of cohabitation for one year or more after a decree of judicial
separations are a few grounds for divorce which over a period of time have been recognized by Hindu
law. There are certain grounds for divorce available exclusively to the wife, such as husband married
more than one before the commencement of this Act, the husband has been guilty of rape, sodomy or
bestiality, after the solemnization of marriage to the petitioner or the wife has repudiated the marriage
because it was against her wishes, and when she was a minor. In the various grounds mentioned in S.13
there subsists an aggrieved party who endures or has to undergo arduous circumstances due to the act
of his or her spouse.

Conversion as a Ground for Divorce

Conversion of one of the spouses to any other religion affords a ground to the other spouse certain
matrimonial reliefs. In this context, conversion means that the person has voluntarily relinquished his or
her religion and adopted another religion after going through some formal ceremony. If a Hindu
embraces a totally different religion, such as Christianity or Islam, he or she may be stated to be a
convert.

The party who ceases to be a Hindu by conversion cannot file a petition for divorce under this section.
This ground can be claimed only by the other party[1]

In Durga Prasad Rao v Sudarshan Swammi[2], it was observed that in every case of conversion or
reconversion to Hinduism, formal renunciation of religion or performance of expiatory ceremony is not
essential. Therefore whether the conversion or reconversion took place is a question of fact.

The Hindu marriage act has proposed two conditions when conversion as a ground for divorce can be
invoked, these are

That the respondent has ceased to follow the faith of Hinduism, that is he is no longer a Hindu

That the respondent has converted to another religion that is a non-Hindu faith.

This ground for divorce has been included in the Hindu Marriage Act only for the purpose of
circumventing the provision of S.494 of Indian Penal Code, 1860.[3] Conversion to Islam by a Hindu
spouse per se does not lead to divorce, but it only give a right to the other spouse to file a petition for
divorce under S.13(1)(ii)

Where a Hindu wife converted to Muslim faith and then married a Mohammedan, it was held that her
earlier marriage with a Hindu husband was not dissolved by her conversion. She was charged and
convicted of bigamy under S.494 of Indian Penal Code, 1860.[4]

In a case where a Hindu wife was fraudulently taken away of the accused a Mohammedan who married
her according to Muslim law after converting her to Islam. It was held that the conversion of the Hindu
wife to Mohammedan faith did not ipso facto, dissolve the marriage and she could not during the life
time of her former husband enter into a valid contract of marriage. Accordingly, the accused was
convicted for adultery under Section 497 of Indian Penal Code, 1860.[5]
Consequences of Conversion

The spouse of the one, who has converted, does not automatically convert to Islam. It poses as a
difficulty when, at the time of marriage both parties are governed by two separate personal laws. The
judicial announcements indicate that it would be neither just nor right to hold that a marriage dissolves
automatically by conversion of one spouse to another religion. In Nandi alias Zainab v The Crown[6], the
accused Nandi, the Hindu wife changed her religion to Islam and thereafter married a Mahomedan. It
was held that mere conversion of her to Islam did not dissolve the marriage with the petitioner
automatically and consequently, she was charged with bigamy under Section 494 I.P.C

CONCLUSION

In the numerous ground of divorce stated in S.13, arduous circumstances are created by the respondent
which are borne by the petitioner, which means that the consequences of the acts of the other party
aggrieve the petitioner. Therefore, since there exists some form of hurt, it is accepted as a a ground for
divorce.

On the contrary, mere conversion does not hurt either of the parties to a marriage, especially the
petitioner. When the conversion to another faith is genuine and not due to any ulterior or unlawful
motives, conversion need not be a ground for divorce[7] because change in religion does not affect the
continuance of conjugal love and therefore it should not be permissible for a party to the marriage to get
a divorce by changing his or her religion
But when conversion is and it has been noticed often, only for the purpose of marrying and then again
reconverting to prior faith, it becomes a necessary ground for divorce[8]. This conversion not only
commits an offence, but it also invalidates S.494 of IPC i.e. bigamy.

This offence of bigamy defeats the nature and very purpose of Hindu marriage, which is comfort
consortium[9]

[1] Rasna v Arun 1997 (2) HLR 596 (MP)

[2] ILR 1940 Mad 653

[3] S. 494 of IPC prohibits marrying again during the lifetime of husband or wife. Where husband or wife
is living and a marriage is solemnized, such marriage is void by reason of its taking place during the
lifetime of husband or wife. It shall be punished with imprisonment and shall be liable for fine.

[4] Re: Ram Kumari, 1891 Calcutta 246

[5] Gul Mohammed V. Emperor AIR 1947 Nagpur 121

[6] (1919) ILR 1 Lah 440

[7] Reshma Bibi v Khuda Baksh AIR 1938 Lah 483; Abdul Razak v Aga Md (1982) 21 IA 56

[8] Mohammad v Mst Mariam AIR 1936 Lah 666

[9] Best v Samuel Fox & Co Ltd [1952] AC 716; (“Companionship, love, affection, comfort, mutual
services, sexual intercourse — all belong to the married state. Taken together, they make up the
consortium; but I cannot think that the loss of one element, however grievous it may be, as it
undoubtedly is in the present case, can be regarded as the loss of the consortium within the meaning of
the decided cases. Still less could any impairment of one of the elements be so regarded. Consortium, I
think, is one and indivisible. The law gives a remedy for its loss, but for nothing short of that.”)