MUNAVVAR-UL-ISLAM Vs. RISHU ARORA @ RUKHSAR

JUDGEMENT

(1.) The appellant is aggrieved by the judgement and decree of 26th July, 2013 of the Family Court, Saket, New Delhi ("Trial Court") whereby his marriage with the respondent contracted as per Muslim personal law was decreed to have been dissolved due to the latter's subsequent apostasy ("impugned order"). The respondent had sought for divorce under sections 2(ii), 2(viii)(a) and 2(ix) of the Dissolution of Muslim Marriage Act, 1939 ("Act").

(2.) In the divorce petition ("Petition"), while the respondent-wife had also alleged cruelty and neglect by the appellant, she admitted to having become apostate, having reconverted to her original faith, Hinduism, on 4th March, 2012. She contended that inasmuch as she had apostatized, the marriage stood ipso facto dissolved under Muslim personal law. In his reply to the petition, the appellant gave his own version of the facts and opposed/denied inter alia the factum of the respondent's conversion to Hinduism.

(3.) Before entering upon a discussion of what the Trial Court concluded on the issues, a few further facts need to be traversed. It is the case of the appellant that pursuant to a college-time romance between the parties, they married each other according to Islamic rites. Prior to contracting the nikah on 15th July, 2010, the respondent had embraced Islam, having renounced Hinduism, admittedly her former religion. She even changed her name from Rishu Arora to Rukhsar.