Delhi High Court Rules Interfaith Marriage Does Not Lead to Automatic Religious Conversion | Key Ruling on Property Rights

By Payal Singh

24 January 2025, 4:18 PM24 January 2025, 4:18 PM

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On January 23, 2025, the Delhi High Court ruled that interfaith marriage does not automatically result in religious conversion. Justice Jasmeet Singh emphasized that conversion requires conscious choice and affirmed the plaintiff’s rights to ancestral property. The court reinforced that daughters hold equal rights in Hindu Undivided Families, regardless of marital status or religion.

Delhi High Court Rules Interfaith Marriage Does Not Lead to Automatic Religious Conversion | Key Ruling on Property Rights

New Delhi: In a judgment delivered on January 23, 2025, the Delhi High Court, presided over by Justice Jasmeet Singh, held that marrying a person of another faith does not result in an automatic conversion to their religion. The court emphasized that conversion is a conscious and voluntary act, and any assumptions of religious conversion based solely on interfaith marriage are baseless.

The case, CS(OS) 2382/2007, revolved around a dispute over ancestral properties belonging to a Hindu Undivided Family (HUF). The plaintiff, a Hindu woman, had married a Muslim man under the Special Marriage Act, 1954 and later claimed her share in the HUF properties. The properties in question included a three-storied house in Friends Colony East, New Delhi, along with other movable and immovable assets.

Key Legal Issues Addressed

Does interfaith marriage result in automatic conversion?
The defendants argued that the plaintiff ceased to be a Hindu upon marrying a Muslim man, thereby forfeiting her rights under the Hindu Succession Act.
Do daughters retain equal rights in HUF properties despite interfaith marriage?
The plaintiff relied on the Hindu Succession (Amendment) Act, 2005, which grants daughters equal rights in ancestral properties, irrespective of marital or religious status.
What constitutes valid conversion under Indian law?
The court examined whether religious conversion requires an explicit act or can be presumed from circumstances like marriage.

Key Observations by the Court

Justice Jasmeet Singh provided critical clarity on interfaith marriages, religious freedom, and inheritance rights:

On Conversion and Marriage:
“Marrying a Muslim man, by itself, does not lead to an automatic conversion to Islam. Conversion requires a deliberate act of renunciation of one’s faith and acceptance of another. It cannot be inferred or assumed.”
On Freedom of Religion:
The court highlighted that religious identity is protected under Articles 14 and 25 of the Constitution. “The law protects the autonomy of individuals in matters of religion and marriage, ensuring that personal choices do not strip individuals of their fundamental rights,” Justice Singh observed.
On Property Rights:
Emphasizing the equality ensured by the Hindu Succession (Amendment) Act, 2005, the court stated, “The 2005 amendment ensures that daughters have equal coparcenary rights. Interfaith marriage does not dilute these rights.”

Court’s Decision

The Delhi High Court ruled in favor of the plaintiff, affirming her right to an equal share in the HUF properties. The court held that the plaintiff’s interfaith marriage under the Special Marriage Act, 1954, did not sever her status as a coparcener. It dismissed the defendants’ arguments, reinforcing the constitutional principles of equality and religious freedom.

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