Change of religion from muslim to hindu
sheereen
(Querist) 04 May 2012
This query is : Resolved
hi im a Muslim girl married to a Hindu. our marriage was possible only on the conversion of my husband, from Hindu to Muslim. he was forced to change his name also.15yrs of successful marriage now. v both lived with our originality. but too many legal issues.
My passport carries spouse name as Navaz, his Muslim name.
Our daughter's birth certificate has her father name as VENKATESAN (His birth name and still using d same name.
these are the problem in applying our daughter's passport.Please advice.
is it possible for my husband to change religion from muslim to hindu again?
I want both of them to be in hindu religion.
Adv.R.P.Chugh
(Expert) 04 May 2012
Dear Sheereen,
I have the following to opine :-
1. Since both the parents are Muslims - there is no way that the child can be Hindu even if the upbringing is as a Hindu.
2. Now Since your marriage is governed by the Muslim Law - don't contemplate conversion - A Muslim marriage is automatically dissolved on the conversion of husband to other religion, unless you also convert (This is the view held by leading jurists Mulla, Tyabji, Ameer Ali & Fyzee)
3. Instead of playing with this conversion business - try writing to the authorities concerned as to the problems you are facing vis-a-vis child's passport, if you fail to get the desired relief - you can seek directions from a Court.
Feel free to talk !
ajay sethi
(Expert) 04 May 2012
1)your husband wants to be hindu again he can do so . he has to submit declaration to registring authorities regarding conversion to hinduism
2)case of S. Anbalagan v. B.
11
Devararajan and others (AIR 1984 SC 411), the Supreme Court examined
the legal position in regard to caste status on conversion or re-conversion to
Hinduism and held that no particular ceremony was prescribed for reconversion
to Hinduism.
3)The test of conversion has been put thus by the Supreme Court in
Perumal Nadar v. Ponnuswami (supra).
”A person may be a Hindu by birth or by conversion. A mere theoretical
allegiance to the Hindu faith by a person born in another faith does not convert
him into a Hindu, nor is a bare declaration that he is a Hindu sufficient to convert
him to Hinduism. But a bona fide intention to be converted to the Hindu faith,
accompanied by conduct unequivocally expressing that intention may be
sufficient evidence of conversion. No formal ceremony of purification or
expiation is necessary to effectuate conversion”. (para 6)
ajay sethi
(Expert) 04 May 2012
The Law Commission, therefore, proposes to formulate the following
recommendations:
1. Within a month after the date of conversion, the converted person,
if she/he chooses, can send a declaration to the officer in charge
of registration of marriages in the concerned area.
20
2. The registering official shall exhibit a copy of the declaration on
the Notice Board of the office till the date of confirmation.
3. The said declaration shall contain the requisite details viz., the
particulars of the convert such as date of birth, permanent
address, and the present place of residence, father’s/husband’s
name, the religion to which the convert originally belonged and the
religion to which he or she converted, the date and place of
conversion and nature of the process gone through for
conversion.
4. Within 21 days from the date of sending/filing the declaration, the
converted individual can appear before the registering officer,
establish her/his identity and confirm the contents of the
declaration.
5. The Registering officer shall record the factum of declaration and
confirmation in a register maintained for this purpose. If any
objections are notified, he may simply record them i.e., the name
and particulars of objector and the nature of objection.
6. Certified copies of declaration, confirmation and the extracts from
the register shall be furnished to the party who gave the
declaration or the authorized legal representative, on request.
21
Shonee Kapoor
(Expert) 04 May 2012
Nothing left to be added.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sankaranarayanan
(Expert) 04 May 2012
i do agreed with mr sethi, No more details need for your query.
Sudhir Kumar, Advocate
(Expert) 06 May 2012
The problem cultivated by you ws deep one. But Mr Sethi came with to solution and you did not succeed in spoiling life of all three of you.
Sudhir Kumar, Advocate
(Expert) 06 May 2012
The problem cultivated by you ws deep one. But Mr Sethi came with to solution and you did not succeed in spoiling life of all three of you.
