BETSY Vs. STATE OF KERALA

JUDGEMENT

(1.) How are the expressions "convert or reconvert" in explanation (c) to Section 2(1) of the Hindu Marriage Act to be understood and interpreted In the absence of any specific procedure prescribed under pristine Hindu law, custom and statute how is the court to hold whether there has been such conversion or reconversion to Hinduism Is there not immediate need for legislature intervention and stipulation on this aspect to make law intelligible and user friendly These questions disturbingly agitate the mind of this court in this Matrimonial Appeal.

(2.) The petitioners have come to this court aggrieved by the dismissal of their joint application for divorce by mutual consent under Section 13B of the Hindu Marriage Act. The appellants claim to be spouses. The 2nd appellant is a person who. by birth, is a Hindu. The 1st appellant was a Christian by birth. She continued to be a Christian till she contemplated marriage. The young couple belonging to different religions had fallen in love. Before marriage, according to the 1st appellant, she had converted to Hindu. Their marriage took place in accordance with the Hindu religious rites and rituals. Their marriage was registered at the Misravivaha Sangam Office at Cherpu. The marriage was solemnised on 16/7/1989. Strain developed in the matrimony. Disputes between them reached the court. O.P. No. 1340/07 was filed by the wife against the husband claiming return of money and articles.

(3.) All disputes were settled by them. They prayed in their joint application that their marriage may be dissolved by mutual consent under Section 13B of the Hindu Marriage Act.