On conversion to Islam, converts, no matter what their previous religion may have been, must be taken, at that moment, to have renounced their former religion and personal law, and to have substituted, in its place, the Muslim religion and so much of the personal law as necessarily flows from that religion. (Advocate-General of Bombay v. Jimbabai, I.L.R. (1917) 41 Bom. 181)
Thus, an Indian Christian domiciled in India can, after his conversion to Islam, legally contract a second marriage with a Muslim woman while his former marriage with a Christian woman is still subsisting. (John Jiban Chandra Datta v. Abinash, I.L.R. (1932) 2 Cal. 12)
But, if the first marriage was contracted in England under English form, during its subsistence, the second marriage would be regarded as a nullity. (King v. Superintendent, Registrar of Marriages, Hammersmith, (1917) 1 K.B. 634)
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But the conversion of a Hindu wife to Islam does not ipso facto dissolve her marriage with her husband, and she would be guilty of bigamy if she marries again. (Mst. Nandi v. The Crown (1920) I.L.R. 1 Lah. 440)
In Khambatta v. Khambatta [(1934) 36 Bom. L.R.)], a Muslim married a Christian woman in the Christian form. The wife became a convert to Islam and the husband divorced her by talak. In these circumstances, the Court held that the divorce was valid.
Problem:
Yusuf, a Muslim, marries Rita, a Christian woman, in Scotland according to lex loci (i.e. the law of Scotland). They return to India where Rita embraces Islam. Can Yusuf divorce Rita by Talak?
Ans:
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Y Can divorce R by talak, R having embraced Islam.
The suceession of property of a convert to the Muslim religion would be governed by Muslim law, and not by the Indian Succession Act. The property, therefore, of a Hindu convert to Islam will devolve according to Muslim law.
But, in all such cases, the conversion must be bona fide, and not a colorable one, i.e., not a conversion with the sole purpose of evading the personal law to which such person is subject.
A Christian, married to a Christian wife, was co-habiting with another native Christian woman. Desirous of marrying the second woman, and in order to escape the punishment for bigamy, both the man and the native Christian woman declared themselves Muslims and went through a form of marriage according to Muslim law. It was held the marriage was not valid. (Skinners/. Orde, 14, M.I.A. 309)
