Apostasy Valid Ground For Dissolution Of Marriage

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  • Religious faith exerts a considerable influence on marriages in the Indian society as is highlighted by the latest ruling of the High Court that recognizes apostasy from Islam by wife as a valid ground for ipso facto dissolution of marriage under the Muslim Personal Law.
  • A Division Bench of High Court rejected the appeal of one Munavvar-ul-Islam against a decree of a family court that held the dissolution of his marriage with Rishu Arora the day she reverted back to her previous religion.
  • Rishu was initially professing Hinduism, but embrace Islam before marrying Munavvar as per Islamic rites. Post marriage, difference arose between the couple who started living separately.
  • Rishu first filed cases under the maintenance and domestic violence laws which she later withdrew stating that the marriage did not subsist anymore since her dissolution.
  • The family court granted a decree of divorce, but Munavvar appealed that renunciation of Islam does not result in dissolution of marriage governed by the Muslim personal law.
  • The High Court while citing several scholars of Muslim Personal Law dismissed the appeal and held that the case was covered by the proviso to Section 4 of the Act, and as per that the apostasy qualifies for ipso facto dissolution of marriage.
  • Read at: http://www.thehindu.com/todays-paper/tp-national/tp-newdelhi/apostasy-valid-ground-for-dissolution-of-marriage-hc/article5997418.ece

Exams Perspective:

  1. Apostasy
  2. Division Bench
  3. Marriage Laws in India