Indian Express

Missing elements in New York Times marital rape report from India

Marriage was a hot topic this week in the Indian press following rulings by two Delhi Courts. The High Court held that apostasy was automatic grounds for granting a divorce under the country’s Muslim Marriage Act, while the Court of Additional Sessions in Delhi ruled that there was no such thing as “marital rape” under Indian civil law and the Hindu Marriage Act. Religion — in this case the intersection of Hinduism and Islam — played a prominent role in the reporting of the first story. But it was absent from overseas reports on the second. The Hindu reported that a Muslim wife who quits her faith for another may be granted an automatic divorce from her Muslim husband.

A Division Bench of the High Court, rejecting an appeal of one Munavvar-ul-Islam against a decree of a family court in Saket, has held that dissolution of his marriage with Rishu Arora, who first converted to Islam but later reconverted to her original religion, was valid under the Dissolution of Muslim Marriage Act, 1939.

“It is an admitted fact that the respondent (Rishu) was initially professing Hinduism and had embraced Islam prior to the marriage, and then reconverted to Hinduism. … The trial court was right in specifying that the marriage stands dissolved from the date on which the respondent apostatised from Islam,” stated the Bench, comprising Justice S. Ravindra Bhat and Justice Najmi Waziri, in its 30-page verdict delivered on Friday.


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