INDIA, November 20, 2025 (Verdictum): The Madras High Court, while holding that a formal ceremony is not necessary for conversion, has allowed the divorce petition filed by a couple of mixed faith under Hindu Marriage Act. The Court was considering a Revision Petition against an order rejecting the divorce petition on the ground of maintainability. The bench of Justice P.B Balaji held, “As held by the Honorable Supreme Court, there is no necessity for a person professing a particular religion to claim conversion to another religion by any formal ceremony or even declaration. Mere conduct would suffice to establish conversion. In the present case, the second petitioner, by express conduct, in participating in the marriage solemnization in accordance with Hindu rights and customs and also approaching the Family Court invoking the provisions of the Hindu Marriage Act, 1955 has sufficiently shown that the second petitioner has converted herself to Hindu faith.”

The Petitioners were husband and wife who had decided to dissolve their marriage by mutual consent and presented a Petition under Section 13(B) of the Hindu Marriage Act, 1955. The Court found that the wife was a Muslim, and therefore, posted the case for arguments on maintainability relying on 2ection 2 of the Act, held that the Act would apply only to persons who are Hindus by religion, or Buddhist, or Jain or Sikh and domiciled in the territories to which this Act extends and such person not being Muslim, Christian, Parsi, Jew by religion, dismissed the Petition as not maintainable.

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https://www.verdictum.in/amp/court-updates/high-courts/madras-high-court/kkrishnapriyan-intention-to-convert-accompanied-by-conduct-sufficient-evidence-1598544

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