SURESH BABU Vs. V P LEELA

JUDGEMENT

(1.) The question which arises for consideration in this Appeal is whether in a petition for

(2.) The respondent herein filed a Petition under Section 13(1)(ia) and (ii) of the Hindu Marriage Act praying for the dissolution of her marriage with the appellant. The marriage was solemnized on 1st November, 1992. There are two children born in the wedlock. The respondent alleged that the respondent has meted out cruelty towards her and he deserted her. It is also alleged that the appellant herein embraced Islam and married one Fathima and they are living together. The appellant denied the allegation of cruelty and desertion. However, it is admitted by the appellant that he converted to Islam and married Fathima. The defence of the appellant is that his conversion to Islam was with the consent of the respondent wife and he married Fathima since the respondent left his company contrary to her promise to continue to live with him even after conversion.

(3.) The court below allowed the Original Petition on the ground of desertion and on the ground that the appellant herein has ceased to be a Hindu by conversion to Islam. When this Appeal came up for admission, it was finally heard with the consent of the counsel.