The Madras High Court ruled that forcing a spouse to convert to another religion without their consent is a form of violence and mental cruelty. The case involved a Hindu wife who was pressured by her Muslim husband to change her faith. The Court upheld the divorce, stating that such actions violate fundamental rights and personal freedom under the Indian Constitution.
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Chennai: The Madras High Court has ruled that forcing or even trying to make a husband or wife change their religion without their agreement is a kind of mental cruelty and violence.
A team of judges, N Seshasayee (who is now retired) and L Victoria Gowri, from the Madurai bench, said that in mixed-religion marriages, if one spouse forces the other to change religion, it goes against their basic rights to life and freedom, as protected by Article 21 of the Indian Constitution.
“A matrimony, which commenced with love and affection when it struggles to proceed with twists and turns by the beloved husband’s attitude of compelling the Hindu wife to convert to Islam by renaming her as Salima from Devi and further compelling her to completely abandon her beliefs which she has been following from birth by heart, thereby, putting her on crossroads for the purpose of proselytization, would amount to abject cruelty. Forcible conversion means violence,”
-the High Court said.
The Court made these statements while reviewing an appeal from a Muslim man. He had challenged a lower court’s decision that had ended his marriage with his Hindu wife. Their wedding had taken place under the Special Marriage Act.
The wife had gone to the family court earlier, asking for the marriage to be dissolved. She accused her husband of mental and physical abuse, cruelty, and desertion. She also said that he insulted her for her religion and caste and pressured her to convert to Islam.
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The High Court agreed with the trial court’s decision to end the marriage, as there was clear proof that the husband had attempted to forcibly convert his wife to Islam and had subjected her to violence.
“The conduct inflicted by the appellant on the respondent wife had caused grave mental pain and suffering to the respondent wife compelling her to convert to Islam shattering her belief system and damaging her conscience, which in due course of time had evolved into a challenge to her life and personal liberty to live up to her conscience and belief system. Hence, we are of the considered opinion that this is a fit case for grant of divorce on the grounds of cruelty and desertion as well, categorically holding that not only conversion, but also effort to proselytize a spouse to the religion of another without their consent is nothing, but absolute violence,”
-the High Court said.
The Court also explained what a husband and wife expect in a love marriage.
“When two hearts fell in love and decide to live in unison by committing them to the relationship of marriage, they expect their mutual space to prevail all through their lives, following their own system of beliefs and their own way of socio-cultural traditions. In a love marriage, a woman marries her beloved only with a fond hope that her space will not be invaded and that her privacy will never be curtailed and her belief system will be appreciated, acknowledged and respected.”
The Court made it clear that forcing a husband or wife to change their religion in a mixed-faith marriage is a violation of their right to religious freedom, which is protected under Article 25 of the Indian Constitution.
The Court also pointed out that the Special Marriage Act, 1954 does not list religious conversion as a reason for marriage. The main question in this case was whether forcing a spouse to change religion should be considered cruelty.
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The judges noted that the man had moved out of the couple’s home and started living at his sister’s house a few years into the marriage. This meant that he had deserted his wife.
The Court found that the man’s actions had caused severe mental pain to his wife, as she was forced to give up her freedom to follow her religion.
“Hence, we are of the considered opinion that this is a fit case for grant of divorce on the grounds of cruelty and desertion as well, categorically holding that not only conversion, but also effort to proselytize a spouse to the religion of another without their consent is nothing, but absolute violence,”
-the Court, upholding the trial court order.
The husband was represented by Advocate J Anandhavalli, while the wife was represented by Advocate KK Senthil.
CASE TITLE:
Syed Saleem Batcha vs Devi
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