Conversion

Only available on StudyMode
  • Download(s) : 255
  • Published : July 2, 2012
Open Document
Text Preview
“Conversion as a Ground for Divorce”

We are grateful to Mrs Ambily for her guidance and support to execute this paper. She not only served as my supervisor for this paper, but her help during the class hours as well as afterhours is much appreciated. Without her support, this paper would not have been as satisfactory as it is. We thank you Ma’am.

TABLE OF CONTENTS

1. Table of Cases…………………………………………………………………………04 2. Abstract………………………………………………………………………………..05 3. Research Methodology………………………………………………………………..06 4. Research Questions……………………………………………………………………07 5. Who is a Hindu………………………………………………………………………..08 6. Conversion to Hinduism………………………………………………………………09 7. Dissolution of Hindu Marriage………………………………………………………..10 8. Conversion as a Ground for Divorce and its consequences…………………………...12 9. Conclusion………………………………………………………………………….....14 10. Bibliography…………………………………………………………………………..15

Table Of Cases

1. Abdul Razak v Aga Md (1982)21 I A 56
2. Best v Samuel Fox & Co. Ltd (1952) AC 716.
3. Charanjit v Amir Ali (1921)2 Lah 243.
4. Durga Prasad Rao v Sudarshan Swammi ILR 1940 Mad 653. 5. Ganpat v Returning officer AIR 1975 SC 420.
6. Gul Mohammed v Emperor AIR 1947 Nag 121.
7. Guruswamy v Irulappa Air 1934 Mad 630.
8. In re Ram Kumari 18 Cal 264.
9. Ishwari Prasad v Raj H.P Lal (1927)6 Pat 506.
10. Kanchan B.R (Ms) v Akash Yusuf Hussain AIR 2001 Del 318. 11. Kokilambal v Sundrammal AIR 1935 Mad 1902.
12. Kusum Kumari v Satya Ranjan (1903)30 Cal 999.
13. Lingappa v Esudasam (1904)27 Mad 13.
14. Mohammad v Mst Mariam AIR 1936 Lah 666.
15. Moraji (R.D) v Administrator- General of Madras (1929)52 Mad 160. 16. Muthusami v Masilamani (1909)33 mad 342.
17. Nandi alias Zainab v The Crown (1919) ILR 1 Lah 440. 18. Perummal Nadar v Ponnuswamy Nadar 1972 (1) SCR 571.
19. Ramayya v Elizabeth (J) AIR 1937 Mad 172.
20. Rani Bhagwan Koer v Bose (J.C) (1903)30 I A 249.
21. Rasna v Arun 1997(2) HLR 596 (MP).
22. Reshma Bibi v Khuda Baksh AIR 1938 Lah 483.
23. R.Y Prabhoo v P.K.Kunte AIR 1996 SC 1113.

Abstract
Hindu marriage is a concept of unison of two persons as husband or wife. Marriage as a concept is recognized worldwide. This concept is sacrament to the evolution of society. Humans cannot live alone; they need companionship and love. For the continuance of the family and the bloodline, marriage is seen as a perfect perception. But when this unison is not ideal, that is, there arise clashes or disagreements which cause hurt to either of the accessories to a marriage and when solution surfaces, then Divorce is employed to dissolve the union of the two people in question. This paper is initiated with the definition of “Hindu”, which explores the various sub clauses mentioned in Hindu Law. It then investigates into the conversion of a non-Hindu into the Hindu religion, followed by the concept of dissolution of marriage. This paper explicitly focuses on S.13 (1) (ii)- “Conversion as a Ground for Divorce” and how it upholds the concept of marriage by not providing either of the parties, mere conversion as a ground for divorce.

Research Methodology

AIMS AND OBJECTIVES
The main aims and objectives of this project are to examine the very nature and purpose of Hindu Marriage. This investigation has several aspects; the first is an examination of who is a Hindu and all those who can be included in the purview of this definition, trailed by the concept of conversion to Hinduism and lastly, conversion as a ground for divorce. SCOPE AND LIMITATIONS

Hindu law is a vast area, in the aspect of the governance under personal laws. Hindu law not only governs marriage, but it also governs the maintenance, adoption and succession under the Hindu religion. This paper is limited to S.13 (1) (ii) initiating the discussion whether conversion should be a...
tracking img