I am of the view that Classical Muslim Law is not the law in India to be applicablke of its own force and both under the Shariat Act 1937 as well as other earlier Lgislations, the Muslim Law is applicable to certain specified matter faling under those Legislations only when the parties are Muslims. A matrimonial dispute between a husband who is an apostate from Islam and his Muslim spouse is obviously not a dispute where the parties are muslim and can not be governed by Muslim law.In India if the parties are hindus and one of the party in good faith converts to muslim and they want to live together despite the conversion by the other party can the court steps in and disolved the marriage?: I dont think so, as that would be against the principles of justice, equity and goog conscience.
The case in hand is a peculiar case. The wife has deserted her husband without reasonable grounds with various allegations to the xetend of defaming the husband and his entire family members with various demands from the husband, the husband does not wish second marriage and does not wants to go through the lengthy rituals of divorce rather he wants speedy divorce by rsoting to conversion, which he can not be permitted by the court. So what do we have here. It is a clear case of Irrevertable breakdown of Marriage.
