In a groundbreaking judgment, the Delhi High Court addressed the question of automatic religious conversion due to interfaith marriage while deciding a partition suit under the Hindu Succession Act, 2005. Justice Jasmeet Singh clarified that marrying a Muslim man does not automatically convert a Hindu woman to Islam, thereby preserving her rights in her family's Hindu Undivided Family (HUF) properties.

Case Background

The case involved a partition suit filed by the eldest daughter of Dr. Ram Das, from his first wife, against her father and two stepbrothers from the second wife. The plaintiff asserted her coparcenary rights under the amended Hindu Succession Act, 2005. The father opposed her claim, arguing that her marriage to a Muslim man of Pakistani origin in the UK resulted in her ceasing to be a Hindu and thus forfeiting her rights under Hindu law.

Read Also - Father and Brother Accused in Heinous Rape and Pregnancy Case Involving Daughter/Sister Denied Bail by Allahabad HC

Court’s Findings

Religious Conversion and Marriage

The court emphasized that merely marrying a Muslim man does not lead to an automatic religious conversion from Hinduism to Islam. Justice Jasmeet Singh stated, “To my mind, merely marrying a Muslim does not result in an automatic conversion from Hinduism to Islam. There is no substantive evidence to suggest that the plaintiff renounced Hinduism or formally converted to Islam.”

Hindu Succession Rights

The court ruled that the daughters were entitled to their share of the ancestral properties under the Hindu Succession Act, 2005. Since no evidence of the eldest daughter's conversion was presented, her rights as a Hindu coparcener remained intact.

Read Also - Why Banks Must Prioritize Accurate Title Search Reports for Loan Sanctioning: Supreme Court Guidelines Explained

Entitlements Decided by the Court

1. Partition of Properties:
   • The daughters were granted a share in the HUF properties. The court noted that the second wife’s sons had relinquished their rights to certain properties as a goodwill gesture, further affirming the plaintiffs' entitlement.
2. Movable and Immovable Assets:
   • The court awarded the daughters a one-fourth share in the Public Provident Fund (PPF) account under the HUF.
   • The daughters were also entitled to properties previously contested by the defendants.

Implications of the Judgment

This ruling has broader implications for women's property rights in interfaith marriages. It reaffirms that personal law rights do not automatically change due to interfaith marriage unless supported by substantial evidence of conversion. The court's decision strengthens the legal standing of daughters in claiming ancestral property under the Hindu Succession Act.

Read Also - Allegations Against Husband’s Relatives Require Case-Specific Evaluation: Kerala High Court

Conclusion

The Delhi High Court's judgment in this case serves as a vital precedent for interfaith marriage and property rights. It underscores the importance of evidence in claims of religious conversion and upholds the principles of equality enshrined in the Hindu Succession Act.