PAKKIM SOLOMON Vs. CHELLIAH PILLAI

JUDGEMENT

(1.) This is a suit for nullity of a marriage under the following circumstances. The respondent, when a Hindu, was married to a Hindu. The respondent changed his religion being converted to Christianity. No steps were taken by him to dissolve his marriage, but he then went through a form of marriage with the petitioner, also a Christian. The petitioner now brings this suit on the ground of bigamy of her busband, he having a wife alive at the time went through the form of marriage with her.

(2.) The first defence raised is that the petitioner has no rights under the Indian Divorce Act because it is alleged that she does not profess the Christian religion. This is based on a resolution of the particular sect to which she belongs, in effect excommunicating her. In my judgment, although she may be excommunicated by the section the Church to which she belongs, she does not thereby cease to profess Christianity. The question of profession of Christianity is a question of her own action and not of the action of her Church. It is to be observed that the petitioner was the daughter of a Christian and, no doubt, was baptised as a Christian. I cannot see how it can be said that she ceases to profess the Christian religion because her Church, disapproving of her conduct, has excommunicated her.

(3.) The second defence raised is that at the time of this marriage there was no existing marriage of the respondent, it being alleged that by reason of his conversion his then existing marriage became dissolved. That is not the law. It is quite clear from the Native Converts Marriage Dissolution Act XXI of 1866 that the conversion to Christianity of one of two married Hindus does not dissolve the marriage. That act provides for means to obtain dissolution of the marriage by application to the Court, first of all, for restitution of conjugal tights and then, after the lapse of a year, for dissolution of the marriage if conjugal rights are refused. Otherwise, the conversion to Christianity of one of two spouses has no effect on the existing marriage.