MOHAMMED ZULFIQUAR ALI Vs. ANURADHA REDDY

JUDGEMENT

(1.) The revision petitioner herein laid the suit 0 S No 217/79 on the file of District Munsif's Court, Giddalur for a declaration that after he got himself converted to Islam from Hinduism on 13-10-1978, he ceased to be the husband of his wife, the defendant-respondent herein.

(2.) The case of the petitioner was that the petitioner and the respondent herein were Hindus at the time of their marriage and their marriage was performed according to the Hindu rites and ceremonies at Tirumala in Chittoor District on 8-7-1976 Thereafter, while he was working at Cumbam the petitioner voluntarily embraced Islam on 13-10-1978 and changed his name from Nare Vijaya Kumar Reddv as Mohammed Zulfiquar AIi he continued to lead his life in accordance with Islamic traditions and principles and inspite of his best efforts to get the respondent also into the Islamic Fold, the respondent turned down his officer Hence he has filed the suit for declaration that he is not the husband of the defendant and that his marriage with the defendant stood dissolved the moment he renounced his religion of his birth i. e , Hinduism.

(3.) The defendant-respondent here in denied the allegation in the plaint and contended inter alia that the petitioner and the defendant at the time of the marriage were Hindus, that their marriage was performed according to Hindu rites and ceremonies at Tirumala, on 8-7-1976, that the conversion of a Hindu to Islam will not automatically dissolve the marriage and that the petitioner cannot take advantage of his own wrong, that he is not entitled for a decree for declaration that he ceased to be the husband of the respondent herein from the date of his conversion on 13-10-1978 and that the marriage stood dissolved the moment he renounced Hinduism, the religion of his birth.