How many times can a person change his religion

Karthik.T | Sastra Deemed University Thanjavur | 4th July 2020

Marthamma Vs Munusamy

FACTS:

In this case, the appellant was a teacher and the respondent was the student of the appellant who was infatuated with him. There was an illicit relationship between them. They decided to get married. Here Marathamma was a Christian by birth and Munusamy was a Hindu by birth. Marthamma relatives was not intrested in her marrriage they said to her that Munusamy should get converted to Christianity. So munusamy decided to convert to Christianity so that he can marry Marthamma. After converting he married Marathamma. After years he went to his house to see his parents and he said about his conversion and Marriage. The parents were not happy with his conversion and marriage so they reconverted Munusamy to Hindu again and also he married Hindu girls according to his custom and religion. Now the appellant contended that Munusamy deserted her and got married to a Hindu girl.

ISSUES:

Whether he has the right to reconvert to Hindu again?

LEGAL PROVISION:

Section 2 of the Hindu Marriage Act, 1955.

APPELLANT CONTENTION.

The appellant contended that munusamy was converted to Christianity and married her then after that how he can reconvert to Hindu. And further states that his marriage with a Hindu woman is illegal and the court should declare his marriage as void according to section 11 of Hindu Marriage Act, 1995. further states that he should be punished for bigamy as he deserted Marthamma and married a hindu women. Finally she contended that there is no financial income for her so he should give maintenance to her.

RESPONDANT CONTENTION:

The respondent contended that he has the right to be reconverted.

OBSERVATION:

The court observed that once a Hindu who converted to Christianity it does not mean that he doesnot have the right to reconvert to any religion like Islam or Hindu or any other religion in the world. And further state that there is no limit for reconversion. If a man wants to reconvert then with his express intention he can be converted. And held that the act of the respondent amounts to bigamy and he should be punished under Indian Penal Code. And his second marriage with the Hindu women is illegal and void as his first wife is alive.

JUDGMENT:     

The Court held that he has the right to be reconvert to any religion in this world. And further held that there is no limit for re-conversion. And held that the respondent is liable to be punished for bigamy as he did not get divorced from his first wife and he should maintenance for his wife.