Conversion dissolves marriage, wife not entitled to compensation: HC

NT Correspondent

Bengaluru: The High Court of Karnataka has set aside the compensation of Rs.4,00,000 awarded to a woman under the Domestic Violence Act after finding that she had converted to Christianity.

The HC said that the conversion of the wife to Christianity dissolves the marriage and she loses all the rights of a wife.

“Though there is no divorce between the parties, but, in view of the conversion of the wife to Christianity, it would disclose that the marriage stands dissolved. Besides, there is no specific declaration passed in this regard by any competent Court of Law. However, it is admitted fact that the wife is converted into Christianity,” Justice Rajendra Badamikar said in his judgement.

The petition was filed by a 47-year-old man from Rajajinagar, Bengaluru against his wife, 35, who now resides in Vidyaranyapura.

The wife had filed a petition in a Magistrate court seeking protection under Section 12 of the Domestic Violence Act and an injunction order against the husband restraining him from committing violence against her and seeking maintenance for herself and her children.

The Magistrate court had rejected her petition after which she filed an appeal in the Sessions Court. The Sessions Court also did not find any proof of domestic violence against the wife but it had awarded a compensation of Rs.4 lakh to the women under the Domestic Violence Act. The husband challenged this in the HC.

The couple were married in 2000 and had two children. The husband claimed that the wife had left him because of her negligence. After the death of their second child, she had converted to Christianity and also tried to convert the other child.

He also claimed to be suffering from a paralytic stroke and unable to maintain himself. The HC which heard the husband’s revision petition noted that “It is evident from the records that both the Courts have concurrently held that there is no Domestic Violence committed against the wife. This finding is not challenged by the wife. Further, admittedly the wife was converted to Christianity and when she gets converted to Christianity all the rights vested in her, stand nullified.”

The HC said that since domestic violence was not established compensation cannot be granted under the Act.

“As per Section 22 of the Protection of Women from Domestic Violence Act, 2005 the compensation can be awarded in addition to the relief granted in a petition under Section 12 when Domestic Violence is established. But admittedly in the instant case, both the Courts have concurrently held that Domestic Violence is not established and in fact the wife has got converted into Christianity and it is a case of vice versa,” the HC said.

Setting aside the Sessions Court order awarding compensation, the HC said, “Under Section 22 Protection of Women from Domestic Violence Act, 2005, compensation can be awarded only if, Domestic Violence is proved and in fact, in the instant case, after getting converted into Christianity the revision petitioner/wife has lost all the rights vested in her. Under these circumstances, the Appellate Court has committed an error in awarding compensation and the compensation awarded that tune of Rs.4,00,000/- which has resulted in miscarriage of justice.” (CrlRP 1326/2015)