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Report No. 18

8. Conversion from Islam.-

So far, we have considered the position arising on conversion to Islam from a monogamous faith. Taking, next, the converse case of conversion from Islam to some other faith, the effect of such conversion is, under Muslim law that the marriage stands automatically dissolved. An exception to this has been enacted by section 4 of the Dissolution of Muslim Marriages Act, 1939. Section 2 of that Act provides that a woman married under the Muslim law should be entitled to sue for dissolution of the marriage on the grounds mentioned therein. Under section 4, conversion of a Mohammedan wife to another religion does not operate to dissolve the marriage, but this does not affect her right to sue for dissolution of the marriage under section 2. Thus, so far as the wife is concerned, conversion does not dissolve the marriage. But as regards the husband, the law still is "that on his conversion the marriage or marriages previously contracted by him are ipso facto dissolved.

Converts Marriage Dissolution Act, 1866 Back

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