GA ARIFE @ ARTI SHARMA Vs. GOPAL DUTT SHARMA

JUDGEMENT

(1.) This common order shall dispose MAT Appeal Nos. 69/2010 and 70/2010 preferred by the appellant challenging the orders of the Courts below.

(2.) In appeal No. 70/2010 the appellant has challenged the judgment and decree dated 11th March, 2010 passed by the Court of Shri M.K. Nagpal, Additional District Judge (Central) Delhi whereby the divorce petition filed by the petitioner under Section 13(1)(ia) & (ib) of the Hindu Marriage Act, 1955 was dismissed. In appeal No. 69/2010 challenge has been made to the order dated 9th April, 2010 passed by the Additional District Judge, Delhi thereby dismissing the petition of the appellant and her daughter under Section 25 of the Hindu Marriage Act.

(3.) The crucial question to be examined by this Court, in both the appeals, is that whether the appellant could successfully prove in the divorce petition her conversion from Islam to Hinduism so as to lawfully marry the respondent according to the Hindu rites and ceremonies. It is not in dispute between the parties that the right of the appellant to claim divorce under Section 13(1)(ia) & (ib) of the Hindu Marriage Act would be available to the appellant only when both the parties were Hindu by religion, in any of its forms, at the time of their marriage and they continued to embrace the same religion at the time of the presentation of the petition. It is further not in dispute that the appellant is a Muslim by religion and the respondent is a Hindu Dogra Brahmin.