According to the court of law’s decision in 1983, Vilayat v. Sunila dealt with the question as to whether a Hindu husband who converted to Islam after he had been married to another Hindu woman, would be able to obtain a divorce under Hindu law after the conversion. It is important to note that when addressing the question, Rt Hon. Leila Seth J. ruled that at the time of the presentation of the petition, one of the parties to the marriage was not a Hindu and this was a factor that influenced the decision.
Therefore, Justice Laila expressed her opinion that the rights of the parties relating to divorce or dissolution of their marriage were determined by the law under which the parties were married at the time of the marriage, as stated by the court. In the event that both parties convert to Islam, then there will be a question that arises as to whether or not the two parties can seek a divorce as per Hindu law if they both convert to Islam. According to Muslim Law, under Khambaatta v. Khambatta, a divorce by talaq would be preferable given that both spouses converted to Islam during the course of the marriage.
Maintenance Right conversion effect:
A Hindu convert is not entitled to receive maintenance under Section 24 of the Hindu Adoptions and Maintenance Act, 1956 unless he converts to another religion as part of his conversion of religion. In contrast, Hindu wives who do not renounce Hinduism are entitled to separate living arrangements and maintenance if their husbands do not renounce Hinduism under Section 18(2) (f) of the Hindu Adoption and Maintenance Act, 1956 if their husbands renounce Hinduism.
In Muslim law, it is a serious offense for a spouse to convert to another religion, and it results in the loss of, or suspension of, the pre-existing maintenance rights of the spouse. It is fair to say that during the period of iddat when the husband renounces Islam, the wife is entitled to claim maintenance from her husband.
Impact of conversion on Guardianship rights
As part of its responsibilities, guardianship courts are responsible for ensuring that the child’s welfare is taken care of in any guardianship case they hear. The Hindu Minority and Guardianship Act, 1956 provides that Section 13 addresses the utmost importance of protecting the welfare of a child in accordance with its own provisions. The result of this is that every time a parent converts to another religion, it is taken into account when appointing a guardian for a child of that religion. As long as the mother’s conversion does not in any way interfere with the child’s welfare, a mother’s right to guardianship is not affected by her conversion so long as it does not affect her child’s welfare.
Hopefully, the information we have provided you here will be sufficient enough for you to be able to make your own decision. There is always a team of expert professionals on hand to assist you in any major or important life decisions that you make. Please feel free to leave a comment or contact us if you need any help or if you have any doubts about any of the ingredients listed above.