Case: Rajiv Gakhar Vs. Bhavana Wasif @ Sahar Wasif

Court as RW1. In her lengthy statement, she explained all the details including the fact that how she converted to Islam to marry a muslim and after divorce, by performing Shudhikaran ceremonies, she became a full fledged Hindu and there is no bar in marrying Hindu as per Hindu rites and ceremonies. She also explained that the appellant was aware of all these details and with full knowledge and consent, marriage of the appellant and the respondent was performed as per Hindu rites and ceremonies. Mr. P. N. Misra, took us through the entire evidence of RW1 in order to substantiate the above statement. In her evidence, she explained in detail that her marriage with Wasif Khalil was a love marriage wherein her parents had also consented. She further deposed that she converted to Muslim religion only at the time of marriage with Wasif Khalil which was solemnized in Mayur Vihar, Delhi in a Masjid. At the time of marriage, parents of both the parties to marriage were present. She also explained that at the time when she had obtained divorce from Wasif by his saying Talaq three times in March, 1995, her younger brother was present. She also admitted that she was not having any documentary evidence for the same. She further explained that after divorce with her Muslim husband, she had changed her name from Sahar Wasif to Bhavana which was her original name. Immediately after the said divorce, according to her, she had stated using her original name Bhavana and she had undergone Shudhikaran ceremonies for conversion to Hinduism just after her divorce from her previous muslim husband. 9) In support of the stand taken by Respondent-wife as RW1, one K.V. Krishnayya, aged about 60 years, resident of Ram Nagar, Market Lane, Hyderabad was examined as RW2 by way of an affidavit. He explained that the respondent-Bhavana came to his house in the company of his daughter K. Aparna in the month of April 1997. On one occasion, he explained that both Rajiv Gakhar and Bhavana came to his house and on making enquiries Bhavana disclosed that she is a born Hindu but she married to a Muslim and now she is a divorcee as she was divorced by her Muslim husband by saying Talaq three times in March, 1995 and since then she again returned to her previous religion (Hindu) after obtaining the Shudhikaran ceremonies by calling a Pandit and by chanting Mantras. She also disclosed that she is having two children from her Muslim husband. RW2 also enquired and verified the details about the appellant-Rajiv Gakhar. In other words, according to RW2, the appellant was also aware of all the details about RW1 including her religion even before their marriage. 10) One Babu Lal, aged about 65 years, an Astrologer/Karamkandi, resident of Sector 8, Faridabad was examined as RW4. He explained the details about the Shudhikaran ceremonies that were performed to the respondent. According to him, it was done about 7 years ago. He explained that Shudhikaran ceremonies were performed by him on the eve of Puranmasi preceding Holi. After recollection he mentioned that it was around March, 1997. He asserted that after performance of ceremonies, she is deemed to have become a Hindu. He also denied the suggestion that pursuant to marriage of Bhavana who was earlier a Hindu with a Muslim and having two children, she could not have returned to a Hindu fold. He also asserted that Shudhikaran of Bhavana and her two children were carried out simultaneously on the same date and time and her parents were also present on this occasion. 11) Another important witness examined on the side of the respondent is her brother Vibhu Ranjan as RW6. He explained that Bhavna Gakhar is his real elder sister and they are Brahmins/Hindu by religion and the birth name of his sister was Bhavana Sharma. He also explained that his sister first married with a Muslim boy and subsequently after Talaq, thereby her marriage with Muslim came to an end permanently forever. He also elaborated and explained that in the month of March, 1997 on the eve of Holi festival the Shudhikaran ceremonies were performed in their house through Pandit Babu Lal (RW4). He further explained that Abhishek by gangajal was done apart from chanting of Mantras necessary for Shudhikaran. Thus, according to him, Bhavana returned to her original religion, i.e, Hindu and became eligible to enter into marriage with any Hindu male. 12) The analysis of the assertion of the respondent as RW1 and the evidence of RW2, RW4 and RW6 clearly show that the respondent-wife established that before the marriage with the appellant she became a full-fledged Hindu by performing Shudhikaran ceremonies in the manner and being followed by Hindu custom and all these material facts were known to the appellant at the time of the marriage. In view of these factual details, the decisions relied on by the learned counsel for the appellant are not applicable to the case on hand. 13) Mr. Parikh heavily relied on Gullipilli Sowria Raj (supra). The question in that decision was whether a marriage entered into by a Hindu with a Christian is valid under the provisions of the Hindu Marriage Act, 1955. After finding that the appellant-husband therein was a Roman Catholic Christian, the marriage solemnized in accordance with Hindu customs was a nullity and its registration under Section 8 of the Act could not and/or did not validate the same. In view of the said factual scenario, as rightly observed by the High Court, the ratio in Gullipilli (supra) is not applicable to the case on hand. 14) Inasmuch as the respondent-wife established her claim that on the date of marriage with the appellant she was a Hindu and the same is permissible under Section 5 of the Act, we agree with the conclusion arrived at by the High Court and reject the argument of the counsel for the appellant. 15) In view of the above discussion and conclusion,

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]Though the trial Court granted decree holding that the marriage between the appellant and the respondent is a nullity, the materials placed by the respondent-wife in the form of oral and documentary evidence clearly show that there was no contravention of any of the provisions, more particularly, Section 5 of the Act. The respondent was examined before the trial Court as RW1. In her lengthy statement, she explained all the details including the fact that how she converted to Islam to marry a muslim and after divorce, by performing Shudhikaran ceremonies, she became a full fledged Hindu and there is no bar in marrying Hindu as per Hindu rites and ceremonies. She also explained that the appellant was aware of all these details and with full knowledge and consent, marriage of the appellant and the respondent was performed as per Hindu rites and ceremonies. Mr. P. N. Misra, took us through the entire evidence of RW1 in order to substantiate the above statement. In her evidence, she explained in detail that her marriage with Wasif Khalil was a love marriage wherein her parents had also consented. She further deposed that she converted to Muslim religion only at the time of marriage with Wasif Khalil which was solemnized in Mayur Vihar, Delhi in a Masjid. At the time of marriage, parents of both the parties to marriage were present. She also explained that at the time when she had obtained divorce from Wasif by his saying Talaq three times in March, 1995, her younger brother was present. She also admitted that she was not having any documentary evidence for the same. She further explained that after divorce with her Muslim husband, she had changed her name from Sahar Wasif to Bhavana which was her original name. Immediately after the said divorce, according to her, she had stated using her original name Bhavana and she had undergone Shudhikaran ceremonies for conversion to Hinduism just after her divorce from her previous muslimanalysis of the assertion of the respondent as RW1 and the evidence of RW2, RW4 and RW6 clearly show that the respondent-wife established that before the marriage with the appellant she became a full-fledged Hindu by performing Shudhikaran ceremonies in the manner and being followed by Hindu custom and all these material facts were known to the appellant at the time of the marriage. In view of these factual details, the decisions relied on by the learned counsel for the appellant are not applicable to the case on hand.